How COVID-19 Is Affecting Custody Battles & Visitation

Since the COVID-19 pandemic has changed our everyday lives here in the United States and across the globe, we've received many questions about child custody schedules and visitation rights. Most of the time, the parent is simply concerned about spreading the virus, and is not acting out of any malice or ill will toward the other parent. While most "stay at home" orders incorporate child custody and visitation, the answer is not always straightforward.

Let's say a child is in the custody of a parent who begins to show symptoms of COVID-19. It would not be in anyone's interest to potentially spread the virus by having the child live with the other parent. Similarly, if one parent has an underlying condition that makes him or her more susceptible to the virus, any custody arrangement may have to be modified temporarily to prevent its spread.

Of course, these answers assume that both parents and the child have no problems with changing the custody and/or visitation schedule. We all know this isn't always the case. Please keep in mind that nearly everyone is making sacrifices during this time. If the situation becomes tenuous, be sure to keep track of all time missed using a journal or other method. Also make sure to note any reasons given for the missed time. If you feel that the child's other parent has not given you a sufficient reason, you may let him or her know, but do so respectfully and clearly in writing. Try to work with the other parent on some form of compensatory time. This way, once things return to normal, he or she will be able to make up for lost time with the child.

Finally, please keep in mind that the courts are not open as they normally are during this time. While motions may be filed, no hearings will be held except in very limited circumstances. Therefore, you should not expect to gain relief from the courts right now. While we understand this may not be the answer some of our clients wanted to hear, we must advise that you try and work together during this difficult time, and place the child's interests above all else.

Please feel free to contact the offices of Lauren B. Abramson, Esq., a family lawyer and mediator serving Westchester County, NY if you have any additional questions.

Check out the article linked below as well to learn more about custody determinations:

Op-Ed from Judge Jeffrey Sunshine: Custody and Visitation During the Current Pandemic