How to Handle COVID-19 Custody and Parenting Time Issues
The rapid and unpredictable spread of the COVID-19 virus has created many issues for divorced parents and unmarried people who have children together in how to handle custody and parenting time issues. One example is where one parent wants to take the children out of the tri-state area to temporarily reside with a grandparent, or another family member, who might live in a state with fewer cases of COVID-19 than currently exists in New York or New Jersey.
High conflict custody disputes are arising in regards to co-parenting during the virus crisis, and whether one parent should be permitted to leave the state—even if just for a few weeks—against the wishes of the other parent.
Parent of Primary Residence and COVID-19
It is important to note that just because one parent (of either divorced spouses or two unmarried co-parents) may have been designated the children’s Parent of Primary Residence (“PPR”), this does not mean they can simply take a child, or children, out of New Jersey without the consent of the other parent.
Not surprisingly, custody disputes have been growing with parents who usually have alternate weekend parenting time being asked to allow the PPR to leave New Jersey with minor children for up to one month, or in some cases even more time. The Governor of New Jersey has scheduled May 15, 2020, as a date to reassess the closure of all New Jersey schools, and this date is being relied upon by many parents seeking to travel with children to other states.
Consent Orders, Custody Disputes, and COVID-19
Lawyers are advising all clients seeking advice as to how to deal with such issues that no children should be removed from the state without their written consent as part of a detailed legal agreement. One way to accomplish this is to have an attorney specializing in custody disputes draft a “Consent Order” agreement that clearly sets forth the terms and conditions of leaving New Jersey for a set period.
For example, an agreement can stat that the children would return to New Jersey by a certain before the potential re-opening of schools—and that the Parent of Alternate Residence would have at least daily telephone or Skype communication with the children. These agreements also provide protections should the PPR remain outside New Jersey past the agreed-upon date for return.
Primary Residential Parents and COVID-19
Disputes are also taking place as primary residential parents attempt to limit their children’s contact with the other parent by citing concerns over having too many parenting time exchanges, specifically possible COVID-19 virus exposure. This is not a legitimate reason to prevent the Parent of Alternate Residence from seeing the children, and a number of extra steps can be taken to ensure that parenting time continues safely and uninterrupted.
Please contact Siegel Law to discuss any issues relating to custody and parenting time disputes as they relate to the growing COVID-19 virus spread or any other custody issues.
