Sometimes a crisis comes along to put things in perspective. Our Family Courts have been crowded with issues like “must I let my ex-spouse have a trade of access days so that he can take our child to his mother’s 100th birthday party…I hate his mother” (Exaggerated on Purpose!). Parents are not going to have the luxury of a Judge to decide these issues while they dig their heels in and expend valuable taxpayer paid for resources, like they have become accustomed. They are going to need to see the forest through the trees. People excel at rising to the occasion of crisis, including COVID-19 divorce issues. The best of us comes out when confronted with the unthinkable. We survived 911. We Survived Super Storm Sandy. We will survive COVID-19.
I’ve been looking and don’t think we will find much in the way of case law. What I found was the answer to most is this is the Wild West. There isn’t much to be found in authority.
Getting answers from the Courts on questions like My spouse is quarantined, can I have my child live with me during this time, and other questions specific to the immediate crisis will not command judicial attention now. There are just too many questions of the sort that every separated family is having and will not fall under the category of “Only Emergency Applications” that is the criteria now for judicial attention. Parents whether in the midst of their action or post settlement or Order are going to have to answer some of these questions on their own. They are going to need to find some ground to communicate and reach decisions in their children’s best interest.
I already have a real one. I mentioned to you in my COVID-17 To Do list. DeAngelo. Margo is high risk. She wants to leave NY and ride this out in Louisiana. She has primary residential custody with husband having alternate weekends and a midweek. He WILL NOT ALLOW her to take their daughter Mira to Louisiana. His position is you can go, but Mira stays here with me. So many families will be having these issues. I do not think the Courts will entertain each as an emergency. I have been dealing with this situation for the past few days and can report on this real-life issue.
Discuss Your COVID-19 Divorce Issues with an Experienced New York Divorce Lawyer
While we wish you all the very best and the very happiest, we also recognize that sometimes, things just don’t work out. For those moments, you’ll want an experienced New York divorce lawyer with a proven track record on your side. Contact The Mandel Law Firm at (646) 770-3868 today to speak with a skilled divorce attorney. You can also reach a member of our legal team via online message at email@example.com or by completing one of our contact forms.