Necessary Coronavirus COVID-19 restrictions have taken everything familiar about life, such as work schedules, family routines, yes – even child custody and visitation and turned them upside-down.<\/p>\n
How can you deal with these issues without adding more stress to a stressful situation?<\/p>\n
Most parenting time plans have an every-other-weekend\/every-other-holiday division.<\/p>\n
Parents in self-imposed or doctor-recommended quarantine are probably the biggest impediment to a timesharing arrangement.<\/p>\n
It might not be safe, or even possible, for a child to leave or visit certain places.<\/p>\n
Visitation restrictions might be a problem as well.<\/p>\n
For example, many timesharing agreements require exchanges to take place at an area fast-food restaurant or other public place.<\/p>\n
For the most part, these places are closed. Similarly, if a parent was limited to supervised visitation at a social worker\u2019s office or a relative\u2019s home, such visitation might be temporarily unavailable.<\/p>\n
Generally, crisis brings out the best in people or the worst in people.<\/p>\n
So, coronavirus-related parenting (child custody) time problems are usually either very easy to resolve, or excruciatingly difficult to resolve.<\/p>\n
Avoid unilateral action unless it\u2019s an absolute last resort.<\/p>\n
Judges could harshly punish residential parents who cut off contact between children and non-residential parents.<\/p>\n
Most states have co-parenting laws. Such unilateral action flies in the face of these laws.<\/p>\n
Under normal circumstances, informal custody and visitation side agreements, even if they are in writing, are unenforceable in family court.<\/p>\n
However, these are not normal times.<\/p>\n
So a written agreement which temporarily modifies the parenting time division might hold up in court.<\/p>\n
That\u2019s especially true if the changes are relatively minor, like changing a pickup location from a closed school to a parent\u2019s house.<\/p>\n
An agreed motion to modify is usually best.<\/p>\n
Typically, an attorney can draft an agreed parenting time alteration, have both spouses sign it, and submit it to the court on the same day.<\/p>\n
Judges usually sign agreed orders without requiring a hearing.<\/p>\n
If the parents do not agree 100 percent, mediation usually helps.<\/p>\n
These sessions are rather informal, so attorneys can schedule them on a few days\u2019 notice. Assuming both parties negotiate in good faith, mediation is about 90 por ciento<\/a> successful.<\/p>\n Agreed motions or side-agreements are not always possible.<\/p>\n If you feel the current parenting time schedule endangers the child\u2019s physical health, an emergency motion to modify is usually best.<\/p>\n Judges can usually hear these matters without violating social distancing requirements.<\/p>\n On a related note, many parents allow children to play on homeowners\u2019 association-maintained or landlord-owned playground equipment.<\/p>\n Children could get seriously hurt in these situations. Strangulation and head injuries<\/a> are the most common hazards.<\/p>\n Hoodie ties and other clothing items often get caught in monkey bars or other playground equipment.<\/p>\n A few minutes of hypoxia (lack of oxygen to the brain) is sufficient to cause a permanent brain injury.<\/p>\n Even if children are only a few feet off the ground, their fragile skulls usually cannot withstand the force of a fall.<\/p>\n That\u2019s especially true if the play equipment is built over solid ground or concrete, as opposed to rubber or something soft.<\/p>\n Generally, landowners have a duty to prevent fall injuries. The extent of the duty usually depends on the relationship between the victim and the property owner.<\/p>\n Mediation also effectively resolves many lesiones personales<\/a> cases. This litigation alternative is not just easy to schedule. It also saves time, which reduces litigation costs.<\/p>\n And, meditation gives the participants more control over the outcome. Other litigation alternatives include mini-trials and arbitration proceedings.<\/p>\nCOVID-19 and Playground Injuries<\/b><\/h2>\n