For the past couple of months, everyone has been dealing with living in quarantine because of the coronavirus pandemic. Now, as states decide what their next steps will be, divorced parents are tackling how to navigate child visitation. SmolenPlevy family law attorneys Alan Plevy and Kyung (Kathryn) Dickerson provide insight on how COVID-19 can affect child visitation and tips for divorced parents.
What if the other parent lives in a different state?
There are many issues that play a factor in considering visitation during the coronavirus pandemic, a major one being each parent’s location. Depending on where the parents live, the child may have to travel to visit the other parent. Normally, that isn’t a huge issue, but it has recently become exasperated due to the variation of rules states have as a result of COVID-19 protections. “The most important thing to keep in mind is you want to maintain the child’s safety,” says Plevy. Plevy suggests you follow the rules of the city or state where the child primarily resides.
What if state regulations stop me from being able to visit my child?
“Throughout this difficult situation, under all circumstances, both parties should keep constantly communicating with the child,” urges Dickerson. Communication can be through telephone, email, or video conferencing. If contact is lost with the child for as long as the pandemic lasts, professional help might be needed to help mend the relationship.
What if I have a protective order on the other parent?
In many cases, protective orders require supervision during a child’s visit. Unfortunately, supervisors are not working face-to-face right now because of the coronavirus. However, video conferencing on Zoom or FaceTime can be a great way for the child to still visit with the parent and supervisor. The supervisor can monitor the situation and communication, so you have the same protections as before, but keep the communication.
What if I’m worried about my child becoming immunocompromised?
A unique issue that has been brought to light is whether or not a child should quarantine for a two-week period after visiting the other parent. For information regarding the health and procedures recommended for your child, please contact your doctors. “During this time, parents need to work together. There are no rules, so you have to make up rules that work best for you and your child,” says Plevy. Do what’s best for the child’s safety. Maintain a healthy and communicative relationship. The primary importance of it all is that both parents get to spend time with the child.
If you have questions about how to navigate visitation issues during the COVID-19 pandemic, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
Read More in the Fall Report From Counsel.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
