How Does Shared Custody Work During Pandemics?

Pandemics like COVID-19 pose unique challenges to shared custody arrangements, requiring flexibility and cooperation between parents to protect the child’s health while respecting custody rights. Courts and families adapt visitation schedules, incorporate remote parenting methods, and follow public health rules to ensure child welfare during health crises.

Managing Shared Custody During Pandemics

Adherence to Public Health Guidelines

Parents must follow government and health authority directives on social distancing, quarantine, and travel restrictions affecting custody exchanges.

Flexible Scheduling

Courts encourage flexible visitation schedules to accommodate health concerns, including extending time with one parent or postponing exchanges to minimize exposure.

Remote Parenting and Communication

Use of video calls, phone calls, and other digital tools help maintain parent-child contact when physical visits are restricted.

Temporary Modifications to Court Orders

Courts may issue temporary orders modifying custody or visitation due to pandemic conditions, prioritizing child safety.

Parental Cooperation and Good Faith

Parents are urged to cooperate, communicate clearly, and prioritize the child’s health over rigid adherence to schedules.

Health and Safety Considerations

If a parent is ill, exposed to COVID-19, or quarantined, physical visitation may be suspended until safe.

Dispute Resolution

In case of disagreements, mediation or court intervention may be needed, with courts considering pandemic realities.

Documentation and Transparency

Parents should document communications and agreements regarding changes in custody or visitation during pandemics.

Recommendations for Parents

• Keep open, respectful communication focused on child safety.
• Be flexible and ready to adjust plans as health situations evolve.
• Use technology to maintain contact during physical separation.
• Follow all health and safety protocols strictly during exchanges.
• Consult legal counsel or court if serious disputes arise.

Example

During the COVID-19 pandemic, parents sharing custody of an 8-year-old child agree to temporarily alternate weeks instead of standard every-other-week exchanges to reduce travel and contact.

Steps Taken:

• Parents notify the court of the temporary arrangement.
• Use video calls during the off-week to maintain connection.
• Follow local quarantine rules when transferring custody.
• Resume the original schedule once health risks decrease.
• Document the arrangement and stay in communication for adjustments.