For divorced parents, sharing custody of children can be trying with shared holidays, drop off and pickups and juggling the children’s school and extra-curricular activities and parent’s work schedules. But shared custody during a pandemic presents a new set of challenges.
If both parents are working from home and both quarantined - or if one parent is quarantined and the other is considered an essential worker - how parents deal with shared custody during this time can be even more difficult.
We have received several inquiries at our City Limits: Coronavirus project regarding custody orders and if they remain in effect during COVID-19.
On March 23, Gov. Eric Holcomb issued an executive order regarding transporting children pursuant to a custody order or agreement and the care for minors and dependents as essential travel.
Existing court orders regarding custody and parenting time would remain in place during the COVID-19 pandemic and should be followed.
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It also states that custody and parenting time shall not be affected by the child’s school closure.
However, if both parents believe there is a reason to temporarily modify or change the terms of a custody or parenting time court order, they may informally agree in writing to change the existing order. This temporary agreement may be filed with the court, but filing is not necessary as long as the agreement is kept by both parties.
Two parents that have agreed to keep their custody order in place is Jennifer Sons and her ex-husband, Ian. Their current parenting time agreement is one week on and the next week off with the children, switching on Mondays.
Sons says they have maintained the week on week off schedule and are both comfortable with it.
She says, “Both their father and I are able to work from home for our jobs. Also, we are both in live-in relationships with new partners, who are also self-isolating during this time.”
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Sons says at the beginning of the third week of self-isolation, her fiancé came down with mild COVID-19-like symptoms.
She says, “I had the children at that time. I notified their father right away. I contacted our doctor and the emergency department, and it was recommended that not only should my fiancé stay in quarantine away from the rest of the family, but that the kids stay in quarantine at our house for 14 days from the start of his symptoms.”
Sons says that she and her ex-husband agreed this would be best to keep everyone as safe as possible. She says they also mutually agreed to alter their custody to accommodate the lost time with their father.
Sons says, “After my two weeks he would get the two weeks immediately following the 14 days we were quarantined. It was an easy decision to make.”
She says that the extended time away from the children was tough. “Going two weeks without seeing my kids is really hard not just for the kids, but for me as well.”
Not all parents agree as to what is the best practice for custody during COVID-19. The governor’s executive order states if the parties cannot reach a temporary agreement or do not remain in agreement, either may file an emergency petition to modify the existing order.
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Kristin Garner is an associate attorney at Slotegraaf Niehoff, P.C. She says her office has been seeing most parents working hard to be reasonable during the pandemic.
“We have seen amazing efforts by our clients to be considerate and reasonable with the health and safety of their children," Garner says.
She says that does not mean issues don’t arise, but they are working hard to address those concerns without the need to involve the court.
“Our local courts have also done a fantastic job of making their expectations clear and being accessible for non-case specific questions," Garner says.
She says her firm communicated these expectations early on to their clients and that helped their clients have guidance and direction on how to handle concerns during the pandemic.
Garner says she and her colleagues are exploring unique ways to address concerns and are focusing more heavily on technology-based options for resolution of cases.
“The local courts are processing through requests quickly if they believe them to constitute emergencies,” she says. “Otherwise, the courts are encouraging and/or ordering technology-based options for resolution of cases.”
For the latest news and resources about COVID-19, bookmark our Coronavirus In Indiana page here.
