Parenting plans are difficult on their own to establish, add in a global pandemic and it is a recipe for chaos.
None of us have ever experienced anything quite like the COVID-19 pandemic. Some of us are getting into disputes about whether it is best to keep a child in one home to minimize the child’s potential exposure to the virus, instead of following the regular visitation schedule. And some of us are quickly and cooperatively coming up with new plans that address our children’s needs. But none of us had a plan for this before it happened.
Which raises the question—should our parenting plans, marital settlement agreements, and court orders include provisions determining how we will handle pandemics?
in the physical custody provisions should we include:
- clauses that determine what will happen if the State of Maryland issues a “stay at home” order
- If the parent who has the child for more overnights during the year keep the child with him or her until the stay at home order is lifted?
- Or if the clause specify that even if a stay at home order is issued, the regular schedule will be followed unless the government expressly directs us not to leave our homes at all?
- A provision to say that the regular schedule will be followed unless the parties create a plan for make-up-time before the time is missed?
- What if the parents’ professions, the parents’ failure to follow government directives, or the presence of other people in the parents’ homes be a factor?
- Clauses specifying which parent will have the right to determine whether or not the child is allowed to leave the home, go to certain locations, or do certain activities?
Ultimately, there is no right anwser. But it is a conversation to be had between co-parents before a global outbreak.
While these decisions normally fall within the decision-making power of the parent who has physical custody, they may be major decisions that affect the child’s health, education, and welfare during a pandemic.
Hopefully, COVID-19 was a once-in-a-lifetime occurrence. But—just in case it is not—we should learn what we can learn from it now and adjust our behavior accordingly. If we ever face a second pandemic, we should have to look no further for answers than our existing orders, agreements, and parenting plans.
If you want to be prepared for any situation, reach out to a Maryland family law attorney to make sure that your