Schools are closed through the school year, which means children are going to be home for the next five months. In divorced or separated families, the parent who has primary custody is now with the children 24/7, all while still trying to work from home. “This can be tough for both the children, as well as the parent,” says SmolenPlevy principal Alan Plevy. During this uncertain time, Plevy says the best thing you can do is work with the other parent.
Set Up an Exchange Schedule
There is nothing wrong with exchanging children right now. Current social distancing and shelter-in-place orders don’t affect custody orders. For now, you should continue following your current arrangement, but you may want to agree on an alternative plan. For example, the secondary parent could get a few hours with the children so the primary custodial parent gets some time to themselves. “It’s a win-win situation for both parents,” says Plevy.
Memorialize Any Child Custody Modifications
Judges won’t mind if both parents can agree on a modified plan. “As an attorney, our recommendation would be to go to the court and get it officially modified, but that’s not possible in today’s age because courts are closed,” says Plevy. The next best thing is to get any child custody modifications in writing, whether it is text or emails.
Working Together Helps in the Long-Run
Making child custody modifications during this time should not hurt you in the long-run suggests Plevy. Judges are going to be very appreciative that parents were able to work together. “It is not going to play very well with a judge if there is a parent who is trying to take advantage of the coronavirus situation,” says Plevy.
If you have questions about how to navigate custody issues during the COVID-19 pandemic, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
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.
