As our society continues to grapple with the constantly evolving situation surrounding the Coronavirus pandemic, we are confronted with several novel challenges, a majority of which involve our families and loved ones.
These challenges can be particularly heightened when you are in the midst of a divorce or separation. It is difficult to know what the “right” thing to do is with all of the conflicting information coming from so many sources. The following is a guide on how to approach custody and parenting time issues specifically during this period of uncertainty. Each family’s situation will be unique to that family, as will the terms of any agreement or court order that may be in place for that family. Thus, for questions involving your particular situation, please contact our office at 757-962-0530, or schedule a consultation with one of our attorneys using the “Schedule an Appointment” link. We are conducting video and telephonic consultations every weekday, Monday – Friday from 9 a.m. to 5 p.m.
School is Closed - Does that Mean We Should Use the “Summer” Schedule?
With COVID-19 related school closures happening throughout Hampton Roads, it is important to determine what constitutes “summer” in custody and parenting time orders and agreements. Whether or not you and the other parent should now use the summer schedule will depend on the wording of your particular Order or Agreement. Since some orders define summer as the end of the school year, and parenting time often shifts during the summer, it may be argued that, because the school year is effectively over, the summer schedule should be in place, despite it being mid-spring. Though school facilities remain closed for the duration of the school year, many districts and schools continue to engage in virtual learning. Thus, it is unlikely that the closures can be deemed to be “the end of the school year.” If your Order or Agreement defines “summer” based on a specific date range, that date range is likely to remain in effect, regardless of the current circumstances, unless both parties agree to change it, or a court orders such a change.
It is important for parents to communicate regarding this issue. Now, perhaps more than ever, the need to communicate and work together for the collective safety of our families, communities, state, and the country, is paramount. Therefore, if switching to a “summer” schedule is more conducive to your particular circumstances, parents are always welcome to come an agreement between themselves as to a change in the definition of “summer” or a change in the “summer” schedule. Any such agreement should be drafted by an attorney to ensure it is enforceable. Alternatively, if parents are unable to reach an agreement, a hearing on the issue may be necessary.
Keller Law Group is ready and able to assist with the drafting of any agreements, as well as the filing of any necessary motions in order to ensure the needs of your particular situation are appropriately addressed. Just call us at 757-962-0530 to discuss your matter.
Is the “Normal” Custody and Parenting Time Still in Effect?
With the inception of Governor Northam’s Executive Order No. 55 to “Stay at Home”, many parents are wondering how the Governor’s Order affects their custody and parenting time schedule, transportation of children, and custody exchanges.
As provided in Executive Order No. 55, the full text of which can be found here, “[i]ndividuals may leave their residences for the purposes of…traveling required by court order or to facilitate child custody, visitation, or child care.” As a result, neither parent may refuse to follow a current custody and parenting time Order or Agreement solely due to the entry of the Governor’s “Stay at Home” Order. Parents must follow the terms of the Executive Order in engaging in social distancing at all times, including at all custody and parenting time exchanges. Parents should continue to follow the schedule pursuant to their Order or Agreement, keep a record of the exchanges and any problems they encounter during exchanges, and contact an attorney in the event the other parent violates the custody order or agreement.
Additional questions may arise if the health or risk of exposure of either parent, or their child, comes into question. In all such circumstances, it is crucial to follow all guidelines promulgated by the Centers for Disease Control (“CDC”), World Health Organization (“WHO”), the White House, and the Governor’s Office. Thus, if you are concerned that you, the other parent, or any member of either parent’s family or household have been exposed to COVID-19, it will be important to communicate this concern to all involved parties and adjust custody and parenting time in accordance with all guidelines listed above. Should periods of quarantine affect your designated parenting time, parents should consider “making up” parenting time at a later date, when it is safe to do so. During any parenting time, the non-quarantined parent should consider facilitating contact with the quarantined parent via phone calls, video-chats, and other forms of communication to ensure parents and children remain in contact.
Above all else, it is imperative for parents to communicate during this uncertain time in order to protect the health, safety, and well-being of their children, families, and communities. It may become necessary to amend the schedule currently in place due to these extenuating circumstances. Parents are always free to come to a legally binding agreement between themselves as to a change in the current custody and parenting time schedule. We can help draft such a simple agreement. Alternatively, if parents are unable to reach an agreement, a hearing on the issue may be necessary. Keller Law Group is ready and able to assist with the drafting of any such agreements, as well as the filing of any necessary motions in order to ensure the needs of your particular situation are appropriately addressed.
If you have questions regarding your particular situation, we strongly advise you call us so that you have the legal expertise necessary to navigate these new challenges. Keller Law Group stands ready to assist you in all your family law needs, and is available for consultations with our attorneys over the phone, or through video-conferencing, at your convenience, every weekday, Monday – Friday from 9 a.m. to 5 p.m. Please contact our office at 757-962-0530, or schedule a consultation with one of our attorneys using the “Schedule an Appointment” link. We are here to help you!