Let`s say your kids tell you about a big party your ex had last weekend during a scheduled visit, which is a direct violation of current social distancing policies. Your ex admits this, but insists that proper precautions have been taken. Social media posts suggest something else. Most states offer online advice and FAQs on legal and practical disruptions to child custody and visitation due to the COVID-19 pandemic. They all stress the importance of not violating an education agreement or court order. Among the topics discussed are: previous agreements, whether it is a custody or visitation order or an agreement between parents, for example after family mediation, should be respected as far as possible. However, given the current situation, everyone should use common sense and follow public health recommendations. „I advised clients to do as much as possible without the courts. What`s interesting is that Covid hasn`t prompted people to settle down,” she said. It`s hard to hear cases quickly during this time, but Mitchell said parents don`t calm down for health and safety reasons. Parents should continue to abide by the court-ordered custody plan.
The American Academy of Matrimonial Lawyers recently issued a statement urging parents to continue to stick to their regular custody plan during this time, while taking all the precautions recommended by the CDC. In other words, parents are advised to continue exchanging custody rights, but parents should also take all necessary precautions to keep their children safe and healthy. Some states offer mediation services to parents who have difficulty agreeing on temporary changes. Some courts give parties more time to file court documents or cancel hearings. In general, however, family courts already have systems in place to account for temporary disruptions, disagreements between parents, and potential risks. In this case, you can get an emergency detention order from a judge. But remember that the laws and procedures for custody and visitation of children vary from state to state. Some states have a very high bar for granting emergency orders, which often require proof of fact of „imminent danger” or serious risk to the child. Legitimate concerns that may require a temporary change to your custody or visitation agreement are: it is important to understand that while we are under a national stay at Home order, custody orders will not be suspended and the regular exchange of custody during this period will take place as ordered. . .