Some States’ Courts Offer Guidelines for COVID-19 Parenting Time in Family Law
State courts have not turned a blind eye toward the difficulties of co-parenting during the COVID-19 pandemic. By way of example, the Kentucky Supreme Court has identified several COVID-19 reasons for temporary modified custody and parenting time orders. North Dakota’s Supreme Court has expedited parenting time mediation. A few states offer specific pandemic guidelines, including Oregon and Arizona.
Mason Interview on News Channel 3: Co-parenting and COVID-19
Arizona’s Guidelines for COVID-19 Disruptions to Parenting Time
To add some level of certainty and help parents navigate uncharted waters, Arizona’s Superior Court has issued Family Court Guidelines for Parenting Time of Children During the COVID-19 Pandemic. Although not enforceable in Tennessee, these guidelines could be a useful reference for parents and legal professionals.
Understandably, parents are grappling daily with what the COVID-19 pandemic has foisted upon them. Although they don’t want to violate their child custody or parenting time orders, they may not have an option. How should parenting time be handled when a parent tests positive for the virus? What if one or both parents are first responders? How should supervised parenting time be carried out? Parents in all jurisdictions are dealing with similar uncertainties.
Arizona’s COVID-19 guidelines start by reinforcing compliance with existing parenting time orders “unless [parents] agree otherwise, or until the orders are modified” by the court. What follows are some of the situations addressed in the new guidelines:
- In general, the pandemic does not justify a denial of parenting time.
- Request temporary modification from the court when parents are not in agreement on modified parenting time because of COVID-19.
- How to interpret vacation time, holiday time, and spring break as it applies during the pandemic.
- If parenting time is suspended because a member of the household has tested positive for the virus, then liberal virtual contact by phone and videoconferencing should be allowed.
- How parenting time exchanges should be conducted with emphasis on reducing the risk of spreading the virus.
- The impact of travel restrictions on parenting exchanges.
- How to carry out parenting time in public places and supervised time.
- The need for parents to communicate openly about precautions to slow the spread of COVID-19 (absent a restraining order prohibiting contact).
Again, the guidelines above were designed for Arizona family law cases. But parents here share the same concerns. These are unprecedented circumstances, yet no parent should unilaterally violate a court order. There are solutions. Talk to your family law attorney.
Some States’ Court Offers Guidelines for COVID-19 Parenting Time in Family Law
Related Stories in Tennessee:
In Rutherford County, Tennessee: All parents must adhere to custodial conditions while schools are out, court order says
Check back with us on the Tennessee Family Law Blog. We plan on posting more information as the situation develops.
