Family Law During COVID-19

The COVID-19 stay at home order has gone and people are now rampant and raiding all their favorite hangouts. Social distancing is now basically nonexistent and even though most businesses ask for people to wear masks, there are still a lot of people not wearing masks, some of these even being the employees themselves. So how can you feel safe if your ex is taking your children through unsafe environments, potentially exposing them to COVID-19?

What happens if your Ex is Putting your Child in Danger against COVID-19?

All child-related issues are determined by applying the “best interests of the child” standard. A parent who is not complying with the governor’s orders to maintain social distancing and wear masks in public is not acting in the best interests of the child. This also includes parents who are letting other people stay in his/her home.

The first thing you can do, speak to your ex in order to try and get on the same page. If at any point it seems as though the efforts are unsuccessful, you could then file an emergency petition to temporarily suspend parenting time. Also, if there’s a court order in place, then your ex could be held in contempt of court for not complying with it.

Before filing an emergency petition it is important to consider the degree to which your ex is violating the court order and, consequently, the level of danger your ex is putting your child in danger. Right now, divorce judges are basically only hearing emergency orders. Therefore, clear, concise, and alarming allegations must be made in order for a judge to consider the issue of an emergency.

The health and overall well-being of children involved in a divorce are one of the most important issues a divorce judge deals with; a judge is to take seriously allegations that a parent is endangering his/her children by ignoring proper safety precautions that must be taken against COVID-19.

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