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Custody and Parenting Time During the COVID-19 Pandemic
Custody and Parenting Time During the COVID-19 Pandemic
By: Amy B. Egitton
Many people are wondering how to resolve the shelter-in-place and social distancing directive from New York State with the back and forth travel and contact with others that is inherent in any custody order. Parents are rightfully worried about the health and safety of their children as well as themselves. But the COVID-19 virus should not be used as a means to deny access unnecessarily. So what to do?
A child’s relationship with both parents in a divided family is of the upmost importance to the child’s overall well-being and emotional health. In these stressful and uncertain times, the need for emotional stability and consistency is critical for children to feel safe and secure, but must be weighed with protecting the child’s health. If a parent is not infected, not exhibiting symptoms and does not have any known exposure to someone with COVID-19, then parenting time should take place as usual. If a parent or someone in that household is infected, showing symptoms or has known exposure to an infected person then the other parent may keep the child at home for the 14-day recommended period. A parent working outside the home should not be a basis for denial of access. However, there have been issues related to parents working in the medical field where it may not be appropriate for visitation to occur.
While access to courts is limited at this time, many judges have made it clear that a parent’s behavior during this time will not be ignored and will be used as a basis for future determination of parental fitness, once there is court access. In addition, emergency applications may be considered in custody violations during this pandemic. Common sense must prevail with respect for each parent’s right to be with their child. Each child needs both parents, especially in these uncertain times. As always, the best interest of the children must be the foremost consideration.
