Custody Guidelines During COVID-19
Spending time with friends and family is very important, especially in a crisis. COVID-19 (Coronavirus), is considered a pandemic. Many people are sick. In some cases, multiple people in the same family are dying. A primary function of parenting is keeping our children safe. Sometimes, we want to protect our child from the other parent. Here are some guidelines to consider when exercising parenting time during the height of COVID-19.
Remember, legal decision-making does not allow one parent to limit the other parent’s access to the child.
Legal decision-making is a parent’s ability to make legal decisions about the child. Think about major medical procedures, i.e. should the child get braces when they are 13 years old, or should they wait until they are 17 years old. Final or sole legal decision-making does not give one parent the right to suspend, stop, limit, or otherwise modify access to the parties’ children.
Keep in mind, this pandemic will end. When it does, you do not want to have to face a judge and explain why you kept your child from their parent. Not only could the judge award the other parent make-up parenting time for the time that you kept the children when you should not have, but you could also face sanctions including thousands of dollars in attorney’s fees for any unreasonable behavior during this time.
Always attempt to come to an agreement with your co-parent.
In an ideal world, both parents want their children to be safe, happy, and healthy. If you have a concern, share it with the other parent. Perhaps you can come to an agreement that would allow you to keep the children longer if they have been possibly exposed to the virus in your care. Even if the other parent does not agree, at least you will have attempted to make the best decision for your children.
When potential clients call the office due to a parenting time issue, one of the first questions I ask is, did you share this with the other parent? I continue to be amazed at how many times people think they will be somehow rewarded for withholding information. You will not be rewarded. The best first solution is to attempt to resolve it with the other parent of your child.
Follow the law.
The Arizona Supreme Court just released new guidelines on what should happen as it relates to parenting time, legal decision-making, and other family law issues. You can read the full release here. Here is the spoiler alert – you must follow the current order. Courts are still open, if only on a limited basis. If you have to go to court during this pandemic, because one parent is not following the rules, there will likely be consequences.
As always, if you are uncertain of what your next step should be, call The Harding Firm. We are here for you. We are essential personnel, which means, our doors will remain open. We will take precautions to keep everyone healthy, including virtual conversations. However, our goal of guiding our community through this difficult time has not changed.
