Sharing Custody During the Coronavirus | What If I Think My Child is At Risk?

I am getting a lot of questions from my clients about coronavirus and whether a parent should be keeping if the child might be at risk of getting exposed to coronavirus. This is not legal advice but here is my best answer. https://commandthecourtroom.com

What I tell people is is that you should follow the court order and if the court order dictates a special arrangement you really have a duty to abide by it unless the child is at risk of harm or serious physical injury.

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If you don't abide by it by whatever the court order is then it's at your peril you know the court could ultimately say that you're using the situation the coronavirus situation to gain an unfair advantage so you really have to evaluate whether your child is at risk and if so how and you have to be able to art articulate and if your child is at risk then what I would tell my client is that then you need to go to court and you need to ask for the court's permission to modify the current parenting time plan and if the child is an extreme risk like I said risk of death or harm serious harm then you need to probably depending on the rules in your jurisdiction file for an emergency request to modify parenting time.

But if you don't follow the court orders there are some judges who really take that personally and you know you go in and you tell the child or the judge but my child you know is in harm's way and the judges next words to you are gonna be well why didn't you file a motion to modify it.

If you don't follow the court orders and there could be consequences and they may not be great consequences. If there are no court orders in place then that is a different story. you have to always put yourself in the other parents place and evaluate you know how might the other parent act what would you know and if you were in if the roles were reversed what would you want and what is the fair way to resolve this what is the best way for the child to resolve this if you can't get into mediation or if you can't reach agreements and maybe you need to get clarification from the judge you need to get guidance from the judge instead of just taking it into your own hands and making the decision unilaterally and there may be situation where that's justified where it's required but I will tell you that I've had cases where people make the decisions unilaterally and then when they get to a hearing or a trial it's its health against them because they didn't involve the other parents and the judge said you're not co-parenting you know it's a sticky situation it's always you know you never know what's gonna happen because the judges are all different

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💼Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

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