• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Segalas Law Firm

The Segalas Law Firm - Matrimonial and Family Law Firm - Bergen, Essex, Morris and Passaic Counties, New Jersey

schedule a consultation today (201) 212-6523

  • About
  • Practice Areas
    • Divorce & Family Law
      • Custody & Child Support
      • Domestic Violence
    • Mediation & Arbitration
    • Municipal Law & Criminal Law
      • DWI/DUI
      • Traffic Tickets
    • Real Estate
      • Residential Real Estate
      • Commercial Real Estate
  • Publications
  • Reviews
  • Blog
  • Contact
Call
Contact
BLOG
  • About
  • Practice Areas
    • Divorce & Family Law
      • Custody & Child Support
      • Domestic Violence
    • Mediation & Arbitration
    • Municipal Law & Criminal Law
      • DWI/DUI
      • Traffic Tickets
    • Real Estate
      • Residential Real Estate
      • Commercial Real Estate
  • Publications
  • Reviews
  • Blog
  • Contact

Can COVID-19 Legally Impact Your Child Custody Arrangement?

child custody lawyers

The novel coronavirus has changed virtually every aspect of our daily lives. Whether you’re working from home, helping your kids in their virtual classroom, or avoiding public places, you’re certainly impacted by the risks of COVID-19.

It’s no secret that family dynamics have changed a lot for many people during this time, as well. Experts predicted that divorce rates would skyrocket due to widespread shut-downs, for example. And even if your marriage already ended prior to the arrival of COVID-19 in the U.S., you might find that infection rates or potential exposure could change the way you and your former partner are able to co-parent your children.

That’s certainly a source of frustration for some parents — especially in cases where one former spouse might be using the threat of COVID-19 to their advantage. Although many of us have found ways to forge ahead and accept the “new normal” of life during the pandemic, there’s no telling what the future may hold. As such, it’s a good idea to familiarize yourself with the ways in which COVID-19 could impact your existing custody arrangement and why you might want to contact your child custody lawyers if you find yourself in a similar situation.

Can COVID-19 Legally Impact My Child Custody Agreement?

There’s no clear-cut answer that will apply to every family in every situation. Generally speaking, however, the mere threat of COVID-19 isn’t necessarily enough for one parent to legally deny the other parent their visitation rights. In fact, even a local or statewide shutdown or shelter-in-place order might not be sufficient. In most cases, you cannot legally modify a custody agreement without the permission of a judge. While you may be able to work things out directly with your former spouse, you can’t make unilateral decisions relating to parenting time adjustments.

If your child (or someone else in your immediate household) becomes ill and is confirmed to have COVID-19, this may become a bit more complicated. Both you and your ex have a responsibility to do what’s best for the welfare of your child, as well as for the welfare of anyone else in your home. Although both parents agree that the mother should become the custodial parent in just over 51% of custody decisions, that does not automatically mean that a child who is ill should be immediately returned to their mother’s household. In many cases, a physician may recommend that your child quarantine in the home they were already in when they received their positive diagnosis. If that isn’t the home of the primary caregiver, it may be necessary for co-parents to come up with a solution that differs from the normal arrangement to ensure the health and safety of everyone involved. Your child custody lawyers may be able to provide guidance in this type of situation.

That said, even when a child or someone else within their circle has contracted COVID-19, that might not always be a valid excuse to withhold visitation. If the child has recovered from their illness, for example, denying visitation to the other parent would typically be seen as unlawful. On the flip side, a judge could possibly hold a parent in contempt of a visitation order (and therefore deny visitation rights) if the parent is taking unnecessary health risks in regards to COVID-19 or if one parent refuses to offer forms of virtual visitation to the other. But as child custody lawyers will tell you, the outcomes of these scenarios can vary widely and may be based on a number of factors.

In the end, no one could have really prepared for the challenges that our pandemic has caused for divorced parents. It’s likely that none of this was covered in your divorce decree or parenting plan. As such, it’s important to keep your child custody lawyers updated with any COVID-related issues you may be experiencing that are related to the pandemic. The solution is not always clear-cut, but a family law attorney who parents trust can provide the assistance you need during this difficult time.

Primary Sidebar

HOW CAN I
HELP YOU?

  • Hidden
  • * Required
  • This field is for validation purposes and should be left unchanged.

Recent Posts

Do You Need a Lawyer to Draft a Custody Agreement?

What Are the Warning Signs of Domestic Violence?

When Should You Work With a Real Estate Lawyer on a Home Purchase?

Buying a Short Sale? Here’s Why You Should Hire a Real Estate Lawyer

CLIENT TESTIMONIALS

A true professional
September 29, 2018
A true professional, caring and compassionate - Steven handled a complicated emotional post-divorce matter for me with all of the expertise and grit you would expect from a top Family Law Attorney, but Steven also has a deep care and concern for his clients best interest as a whole long after the matter is settled that I am proud to say for anyone considering him for your matter you should meet him and see for yourself. I'm sure you will feel as confident as I did that he is a Top Choice Attorney.
- Anthony
Great Attorney
June 21, 2018
Steven Segalas truly cares for his clients. He is knowledgeable, kind and a great negotiator! Served as my attorney for a difficult child support case and handled challenges with ease. He’s the one to have on your side. Would highly recommend him.
- Luis
Great Attorney
February 13, 2018
He knows his business as an attorney and keeps you updated. He is not only an advocate in court but outside of it. I cannot recommend him enough.
- Anonymous
Professional and Supportive
July 17, 2015
I absolutely do not know where I would be without him. I went through a 3 year divorce where my ex-husband changed lawyers numerous times. Steven was on top of every single aspect of my case and was there for me every single step of the way, he even spent Valentine’s Day in mediation with me. In addition to handling the divorce, Steven also represented me in my Domestic Violence Case against my ex-husband and secured a FRO (formal restraining order). The trial revealed very personal, embarrassing and painful information. Steven was nothing but professional and supportive. If you are looking for an attorney, you will be in excellent hands with him. Even when you are at your worst, he will hand you a tissue and make you smile!
- Bonnie
Outstanding Family Law Attorney
March 27, 2015
Steven M. Segalas is an outstanding Family Law attorney. I have worked with Steven as an adversary on many cases. Steven is an expert on Family Law. He is always up to date on statutes, Rules of Court and case law which bears on the cases we have handled together. I respect Steven’s strong advocacy for his clients. Steven knows when to fight and when to compromise. This is the true sign of a great Family Law attorney.
- Faith
A Great Attorney
March 16, 2015
A great attorney handled my divorce. My divorce and subsequent child custody matters were quite involved. Mr. Segalas was thoughtful and helpful throughout the process. He employed some out of the box thinking that allowed me to continue to have healthcare for myself and my children during a very trying time in my life. I always felt protected in court. Mr. Segalas was always ready to respond to whatever allegation was made in my direction from opposing counsel. I was very happy with his service.
- Anonymous
Fast-precise-no BS
March 10, 2015
Steve worked his magic to saved me from the X….Saved me thousands! Fast-precise-no BS. I would use Steve without second thoughts knowing you will be in the best of care & guidance!
- Mark
Great Attorney
February 27, 2014
My attorney makes ME a priority. He always explains the legal divorce process in terms that I can understand; and he has the ability to answer all of my divorce questions. The office is well-staffed for the follow up. My attorney has a team of lawyers and legal assistants trained to guide me through the divorce process and fight for my best interests. My attorney always presents a clear plan which includes all steps of divorce, information I need to gather, and a fee schedule. My attorney raise other issues I had not thought of yet that could have significant ramifications for the short-term and long-term success of my divorce. I go with my attorney who addresses my fears and concerns; exudes confidence and feels like a good fit for me ????
- Mark
View More Testimonials

Footer

Contact Us

(201) 212-6523
Email
HILLSDALE

80 Broadway, Suite 101
Hillsdale, NJ 07642
Map/Directions

HAWTHORNE

1600 Route 208 North
Hawthorne, NJ 07507
Map/Directions

Latest News

Do You Need a Lawyer to Draft a Custody Agreement?

Apr 14

What Are the Warning Signs of Domestic Violence?

Apr 13

When Should You Work With a Real Estate Lawyer on a Home Purchase?

Apr 8

DISCLAIMER

The material presented on this website is intended for general information purposes only and is not offered, nor should be construed, as legal advice on any specific matter or circumstance. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. You should consult an attorney for advice regarding your individual situation. The information contained in this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship nor is it intended to substitute for the advice of an attorney. This website constitutes Attorney Advertising.

© 2023 The Segalas Law Firm 2020 | All Rights Reserved | Disclaimer