Ever since divorce was instituted and visitation rights were negotiated, three parties have been involved — the father, the mother, and the children of the union. But enter 2020 and a new party inserted itself — a virus. Like virtually everything else in the world, visitation rights have been changed by the COVID-19 pandemic. In many cases, it has added stress to an already contentious child custody arrangement. But even in cases where the divorce was friendly and visitation has become a routine for all involved, the need for masks, sheltering-in-place, and social distancing has had its effect and not always a good one. The thing to remember, as in any case where emotions run high, flexibility is the key to negotiating the roadblocks imposed by the COVID-19 virus.
COVID-19 Complications
A major part of any divorce proceeding is establishing visitation rights that are in the best interests of the child(ren). However, in these times when fears and anxiety run rampant and people disagree on such issues as masks and vaccines, emotions can run high, especially if one partner wants or needs to renegotiate the terms of visitation and the other one doesn’t or can’t. In such cases, parent’s visions as to what is best for their children can become clouded. One way to clear the way is to seek the guidance of an experienced child custody attorney before taking any steps that can impact future relations once the pandemic has run its course,
Differing Opinions of Safety
Everyone has their own level of comfort. One parent may be more comfortable taking the children to public places t while the other restricts them to backyard play dates with children known to be healthy. In cases like this, couples should do their best to openly communicate why one feels the need to restrict the child’s activities while the other believes it’s important to expand them. But should they fail to reconcile their differences, by no means should either one violate the terms of the agreement. To do so would be to invite being charged with being in contempt of court. Instead, they should call on a child custody attorney to help them make a temporary modification to the visitation agreement.
Concern About Job-Related COVID Exposure
In some cases, a parent may feel his or her home is not a safe place for the children either because he or she or someone in the household has been infected with or exposed to COVID. In other cases, the parent may be a first responder or essential worker and thus has high exposure to the virus due to his job duties. In either case or similar ones, he may want to ask his former spouse to temporarily take on more time with the children. This is especially critical if the child has an existing condition that puts her at high risk for contracting COVID or already has a compromised immunity system. Since concern for the child is usually the overriding concern, most parents are able to come to an amicable adjustment of the schedule but if they can’t, they need to turn to a child custody attorney to help them temporarily modify their visitation agreement.
Types of Visitation Modifications
There are several solutions to the above problems. The parents may agree to
- Temporary cessation to in-person visits
- Temporary cessation to physical shared custody
- A virtual visitation agreement in which the compromised parent can choose to meet with the child online via Face Time, Zoom, or cellphone video calls, either daily or on an agreed-upon schedule.
. Virtual visitation is not typically considered an alternative to physical visits or shared custody and its availability varies from state to state. In some jurisdictions, courts will grant it if one parent lives at too great a distance for conventional visitation agreements. However, in light of the current COVID situation, more states are permitting it on a temporary basis. As in any legal matter, it’s best to seek the assistance of a child custody attorney in determining whether visual visitation is permissible in your state.
No Child Left Behind
Since the whole reason for arriving at a child custody agreement is to provide for the emotional, developmental, and physical needs of the child, it is critical that the situation be explained to them on a level they can understand. And depending on the age of the children some states will consider their wishes in okaying a visitation modification.
The Bottom Line
The most important thing to take away from this is that the presence of COVID does not take precedence over a court order. Existing child custody and visitation rights agreed upon remain in place until modified by the court. However, this does not always necessitate an appearance in court. In many states, if the parents can arrive at a viable agreement on changes and the grounds for making them, all they need do is call upon a child custody attorney to file a petition. No matter how fearful and concerned parents may be, they cannot take it upon themselves to deny their children visits with the other parent. To do so is to invite a contempt order and a host of resulting complications.
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