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Coronavirus (COVID-19) and Parenting Plans/ BRODZKI Time-Sharing Agreements: JACOBS What You Need to Know www.bjblawyers.com
24 AUGUST 2020 | OUR CITY | OURCITYMEDIA.COM
BY NANCY K. BRODZKI, ESQ. he COVID-19 virus took the world by storm and has unexpectedly worked its way into our everyday lives, creating new challenges for co-parenting families. This article will discuss some hurdles many families are facing and how to overcome them. With schools being closed for the foreseeable future, public gatherings being restricted, and many people losing employment, parents must co-parent effectively in times of disruption without violating Court orders. The rapid onset of restrictions and recommendations regarding the pandemic is especially troubling for parents whose children travel between two households. This crisis is affecting everything, from daily decision-making for the children, to time sharing schedules, to ability to pay child support. Now more than ever, it is important for parents to communicate effectively and cooperate with each other in order to maximize the best interests of the children. So what should you do if disagreements regarding the children arise? Parents should always adhere to the current Court order set in place, but also be flexible and reasonable when working out time-sharing and exchange changes with the other parent. Parents must also use common sense and must not endanger the health and safety of their children. Parents who have tested positive for COVID-19 or who have been exposed to someone with the virus are in no position to demand the time-sharing schedule be followed. Judges have made it clear that they will put the health of children first. Many jurisdictions, including the tri-county area of Miami-Dade, Broward and Palm Beach Counties, are under a shelter-in-place order with few exceptions. This does not mean that your children should not be exchanged between local households. But it does mean that children are not going to be put on airplanes or trains to travel to a distant parent. Make-up time-sharing should be offered to any parent missing out on time with their children because of this pandemic. If the children are out of school and it is “your day” per the parenting plan, it is your responsibility to arrange for childcare or e-schooling. Until there is a Final Judgment of Modification entered by the Court, the regular parenting plan schedule applies, and you should always default to that schedule if you cannot agree to alternate arrangements. While all parents should follow the CDC, local and state guidelines regarding protecting your health and the health of your children, it is important to note and accept that you cannot control the other parent and force them to abide by the rules being followed in your household. It is important to have open, reasonable and respectful discussions with the other parent, always remembering that any action taken today will likely have consequences tomorrow. Communicating with the other parent, coordinating your schedules, adjusting pick up times or places, and working together to adjust to the changes in your routine is the best way to do the right thing for your child and stay out of Court. Communication, flexibility, compromise, and a united motive to act in the best interest of your child is the key to avoiding unnecessary conflict. If all attempts at respectful communication and amicable agreements fail, there are still legal routes to pursue. Motions to enforce or modify the parenting plan can be filed. Substantial changes in circumstances, such as loss of employment, can trigger the need to modify your parenting plan and/or child support. This is all uncharted legal territory and only time will tell how Courts will decide these issues moving forward, but Brodzki Jacobs is here to give expert advice and guide you through these challenging times. Uncertainty around COVID-19 is unsettling but our team is up and running with our extensive use of technology and 100% ready to serve you and your legal needs.
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