CO-PARENTING IN THE TIMES OF COVID-19
As a result of the Coronavirus Disease pandemic, families are weathering a “new normal.” Social distance advisories and stay at home orders leave many with looming questions about how to co-parent in the time of COVID-19. Parents are turning to family law attorneys and the courts for answers. In Florida, courts tend to rule that it is in a child’s best interest to spend as close to equal time with both parents as possible, absent special circumstances. See Florida Statute 61.13.
What happens when the timesharing routine has suddenly become a safety concern for the family?
In Florida, regardless of personal preference or climate, parents are always required to adapt and to facilitate and encourage close parent-child relationships with the other parent. Parents are also required to honor time-sharing schedules, and to be reasonable when changes are required. If there is a court order in place, parents are ordered to follow the letter and spirit of those laws, so long as it is safe for them to do so. Courts are split on what rules to follow in these uncertain times, but some concepts remain clear. As always, those considering suspending timesharing with the other parent should offer both a reasonable basis for withholding as well as alternatives when possible. For example, visitations can be conducted through electronic means, like video or telephonic contact. Make up time should always be proposed when it is safe if either parent is going to miss out on their time. Most of all, parents should focus on serving the best interests of their children and families.
Families are also navigating how they will cope with the prospect that they may be qualified for stimulus checks or other financial relief.
Should monies be split between couples who filed or lived jointly last year?
Should one parent get a larger share?
What happens if one or both parents have lost their jobs?
Parenting Plans and Final Judgments have not historically addressed these issues. Family Law judges are now charged with deciding each of these sensitive topics on a case by case basis. Family courts are still open and have adjusted rapidly to the use of telephonic and other means for hearings. While courts are still scheduling in-person hearings on exceptional and emergency bases, they will be reluctant to schedule most until normalcy resumes. The most expeditious option for families is for them to agree without the need for court intervention. Now more than ever, families must be creative in finding the best solutions for keeping safe and intact. If you need help coming to an agreement, or you are thinking of filing a Motion or Petition, call Logan Legal to speak with a Family Attorney today.