Couples who live separately and share responsibility for their children often have difficulty agreeing on what's best for them. These challenges have only increased since the beginning of the pandemic.

The legal system can sometimes be tricky, say those at https://clearwaylaw.com/family-law/. If you're facing custody issues, the following information can help you understand your rights and options.

Risks and Possible Adjustments

When the pandemic started, many parents with shared custody began questioning the safety of sending children between two households. They worried that continuing with visits would increase the risk of coronavirus.

Some moms and dads became so concerned that they wanted to keep their children from seeing the other parent. Courts have consistently upheld that both parties must continue following the schedules set forth before the COVID-19 crisis. Neither can deprive the other of time with the kids.

Even after such clarifications from the courts, some parents continue asking about reducing the number of trips between households. Lawyers clarify that this is only possible if both parties agree to the proposed changes.

Clear communication between parents is essential for mutual understanding. Each party must express their concerns clearly. In many cases, adjustments become necessary due to issues surrounding online schooling and parental work schedules.

If children need to travel by plane, parents still must send them. The only exception is when this form of transportation is unavailable. In such cases, families may need to use creativity to find workable solutions.

Some are using videoconferencing to maintain contact when travel is impossible or risky. Families can also make plans for children to spend more time with the other parent once the virus situation stabilizes.

When Someone Has Coronavirus

Parents wonder about the risks involved when someone in the other household tests positive for COVID-19. In such cases, the CDC recommends social isolation, meaning visits can't occur.

Concerns are also frequent in cases where one party has a profession that exposes them to the virus. In one such situation, a Florida court ruled that a girl needed to temporarily stay with her father because the mother works in an emergency room. After an appeal, the family returned to their original schedule.

How a Lawyer Can Help

If you have questions about how custody issues work during the pandemic, you may want to call an attorney. They can orient you regarding your rights and how COVID-19 might affect your family.

It's always best to settle out of court if possible. A child custody lawyer can guide you through the process of negotiating any necessary changes to the possession and access schedule.

A neutral third party can help parents reach an agreement regarding custody and visitation. During the pandemic, many professionals are offering mediation via online communication services.

If you can't agree, you may need to file an emergency motion to request changes to the current order. Legal action can also be necessary if the other parent refuses to follow the schedule. 

Judges have the responsibility of deciding cases based on the child's best interest. They must weigh the severity of risks to determine whether a temporary adjustment makes sense.

The Bottom Line

The COVID-19 pandemic has left many parents apprehensive about the idea of their children continuing with a regular visitation schedule. However, changes to the existing plan can only occur if both parties agree or a judicial decision alters the orders. If someone in the family tests positive for the virus, you can suspend visits temporarily.

A lawyer can help you understand the ins and outs of your specific custody case. They can also prepare you for a court date should your situation go to trial. In the end, the deciding factor is the child's best interest.