New York Family Law Attorneys

My Child’s Custodial Parent is Quarantined. Can I Have My Child Live With Me During This Time?

   By MandelLawFirm

  •   
  •    MandelLawFirm
  •   COVID-19

As the coronavirus (COVID-19) continues to spread, many have begun to question if they’re able to retain temporary custody if the custodial parent has been quarantined.  With CDC regulations and government guidelines changing almost hourly, the question of what you should and should not be doing is not always clear. With regards to parenting time, if one parent is quarantined and had the child with him/her then common sense would dictate that the child should be quarantined as well. If the child was not with the parent that is quarantined then it would seem irresponsible to bring the child back to the parent who may be ill, even though that is what the parenting agreement dictates.

The utmost importance during this critical time, and I cannot stress it enough is that both parents need to put their differences aside and work together to make joint decisions. This is not the time to use the child as a pawn in your divorce and one upmanship. While a decision that is made may have one parent in contempt of an agreement, if that decision was based on the best interests of the child and will be shown to be done without malice, I cannot imagine that a Judge (once the courts re-open) would be inclined to hold the parent in contempt.

My Child’s Custodial Parent is Quarantined – Now What?!

Don’t worry. If you’re still left with more questions than answers, our team of skilled attorneys at The Mandel Law Firm are on standby to assist.  Please give our office a call at 646-770-3868 or click here to contact us on our website.