We are in the midst of the coronavirus crisis without the availability of the courts to steer family problems. Visitation refusals due to Covid-19 will have repercussions. Problems with visitation and custody battles during the Coronavirus crisis are universal, as demonstrated in this article on how California courts and family practitioners are handling these issues: https://www.divorcemag.com/articles/visitation-refusal-by-divorced-parents-during-covid-19.
The article recommends you to follow court orders when disputes arise over the handling of custody or visitation during the coronavirus pandemic. That may mean allowing a child to travel to meet custody orders in place. The writer tempers her statement by saying not to follow orders where to do so would create a serious or irreparable harm to the child.
CONNECTICUT PRACTITIONER’S VIEW
The consensus of Connecticut family law practitioners has been that refusing to follow visitation schedules or out right custody violations is wrong. A non-custodial parent refusing to return a child to the custodial parent, citing coronavirus dangers to the child, is highly not recommended. These actions can result in the court later imposing fines or even contempt related incarceration on you. You can still follow the governor’s emergency orders while meeting the court ordered visitation orders. Just be sure to take extra precautions in safe handling of your homes. Follow proper protocols and you will protect you, your children, and those around you.
POTENTIAL FOR CONTEMPT
When the Connecticut courts reopen and your actions in these times may be brought to court for review under motions for contempt and modifications. The court could take harsh actions against those who do not act now in the best interests of the child. The best interests review will be not using today’s view. Instead the courts will look back from the future to determine if actions now were wrongfully taken in haste. When you act now you need to think if your actions will be viewed as the best interest of your children after we all look back to see how we did or did not act better to protect your children and everyone.
WORK TOGETHER
Parents need to work together now for the best interests of their children. Communication between parents is key. If visitation now unduly increases the child’s possible exposure to the coronavirus infection that may mean visitation may need to be changed. Visitation requiring air travel or travel to coronavirus hot spots may need modification In exchange you can increase video conferencing or Facetime with the children and the other parent can put fears at ease and improve relations. Don’t assume you know what is best for your child. Work together with the other parent and hear each other’s opinions and suggestions. Find a middle ground.
These suggestions can not work when one parent refuses to properly comply with orders in place. Refusing to meet court ordered support and/ or alimony payments will hurt you. Withholding your children from the other parent as a vengeance tool will hurt both you and your children. Judges will not take kindly to parents who took advantage of the crisis situation we are in. Withholding support or visitation may result in your being held in contempt when the courts reopen. Battling parents negatively impact the children. Your children watch you and, especially as they get older, may resent your actions later. Don’t ruin a lifetime relationship with your child over a wrongful action now.
HELP IS AVAILABLE
If you can not agree on custody, visitation, support, or any other family matters the Law Office of Jerome Goldstein, Attorney at Law is open to assist you. We are waiving initial consultation fees during this crisis and working with social distancing telephone and video conference consultations. Shelton attorney Jerome Goldstein has over thirty years of divorce and family law experience. If negotiations fail we can arrange mediation of your disputes. We can help you make agreements that can be filed with the court.
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Get answers now to your legal problems. Call Jerome Goldstein, Attorney at Law at 203-929-7773 or request a Consultation. We are here to help you find and understand your solutions.
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