Co-Parenting During the Pandemic

I have just been reviewing an article written by Jessica Fagan regarding co-parenting during the pandemic. 

Georgia’s State of Emergency for statewide shelter-in-place concludes on April 30, 2020.  It is likely to be extended.  Questions arise regarding parenting exchanges, the use of childcare workers (either shared or at one parent’s home), and whether or not a parent can decide to withhold or restrict another parents’ legal custody time as provided in a Court Order. 

As a general rule, parenting schedules shall continue as provided in the legal Parenting Plan.  Both the Governor’s Order and guidance from Georgia Superior Courts indicate parenting is essential to the wellbeing of children and custody/parenting plans should continue in force.

However, if a parent is not practicing social distancing and other safeguards to reasonably protect children, there may be exceptions.  Many courts would consider emergency hearings conducted by Skype or Zoom if a child is at high risk.  Personal fears and anxieties on their own does not warrant one parent withholding parenting time. 

Parents should be worried that unilateral action to withhold a child from the other parent may result in a Contempt Action which has negative consequences. The key is reasonableness, communication between parents, following legal orders, and consulting with an attorney. 

The State Order seems to provide a visitor’s exception for nanny’s and other in-home providers as essential services. 

For your review, I have attached the April 2, 2020, Georgia Executive Order and the April 3, 2020, Clarification Order. 

I hope everyone stays healthy and safe.  I am anxiously awaiting the new normal.

Howard