Your ex-spouse is your child’s custodial parent – and is also a doctor on the front lines of COVID-19 (the novel coronavirus). What will the Courts do if you want to file for a change of custody?
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 repertoire. We can emphasize with both sides of the dilemma that is likely facing many families. 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 custodial parent 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. Hasty decisions should not be made in matters such as this. There are many occupations in our society that post 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 novel coronavirus), the answers will be clear and the knowledge we have gained will help our future.
Experienced Child Custody Lawyer in New York
As we make our way through uncharted territory, and issues arise with your child custody arrangements, you’ll want an experienced child custody lawyer in New York by your side. The Mandel Law Firm has been expertly serving client and is on standby to answer any questions you may have. Give us a call at 646-770-3868 or to send us a message and we’ll get back to you soon.