Your ex-spouse is spends the majority of the time with your child’s co-parent (the other parent)– and is also a doctor on the front lines of COVID-19. What will the Courts do if you want to file for a modification of timesharing or temporary suspension?
There is no simple answer to this question for several reasons. First, there is no precedence and no case law that we can look. Another reason is because the matter is discretionary and will likely have to be decided on a case by case basis. There is no one size fits all.
The phrase “these are unprecedented times,” is becoming a part of our daily conversation. We can emphasize with both sides of this timesharing dilemma that is likely facing many co-parents. Our heroes are out there risking their lives helping to save others, but at the same time may possibly be endangering their own families. What is the right answer? Unfortunately, there isn’t one.
Are we going to punish the majority timesharing parent who is a healthcare workers for doing their jobs by taking custody away from them – even if it’s temporary? On the other hand, are we going to risk our children’s safety or the health of extended family members when the children go to the other parents’ home?
We believe that the Courts, when faced with decisions like these, will have a very difficult task ahead of them and will likely not make modifications unless absolutely necessary and in the best interest of the child. Hasty decisions should not be made in matters such as this. There are many occupations in our society that pose a safety or health risk by the individual performing it. These risks may trickle down to the other family members by chance. As long as proper precautions and care are being taken, taking a child away because of the parent’s profession may prove to be an extreme measure.
On the other hand, if the other parent is part of the class that is more susceptible to the virus and exposure is a real threat, perhaps in those instances there’s a genuine need for changes to be made to the parenting agreement.
Right now, all we can hope for is that everyone is taking the proper precautions and doing what is right for their families and children. Going forward, parenting agreements will address the situations and circumstances that their current plans have no answers to.
In time, with more knowledge regarding COVID-19, the answers will be clear and the knowledge we have gained will help our future.
Experienced Child Custody Lawyer in Jacksonville
As we make our way through uncharted territory, and issues arise with your parenting plans arrangements, you’ll want an experienced family law attorney in Jacksonville by your side. Ashley Goggins Law has been serving clients during the pandemic and is on standby to answer any questions you may have. Give us a call at 904-903-4522 to schedule a consultation.
