Governor Northam officially declared a Stay-At-Home order until June 10, 2010, leaving divorced or separated parents concerned about how to handle their custody agreement. During the summer, when both parents are working and children are off from school, separated parents often lean on the grandparents to look after their children. Because of COVID-19, that is no longer a safe option because it puts the grandparents at a direct risk. SmolenPlevy Founding Principal Alan Plevy offers the following three tips to help navigate custody arrangements during the coronavirus pandemic.
Reach an Agreement: “The best way to handle this is to come to an agreement to co-share taking care of the children,” says Plevy. One way to do this is to create an alternative child custody schedule. For example, one parent could watch the kids on Monday, Wednesday and Friday, while the other parent watches them on Tuesday and Thursday. You alternate this schedule weekly to make it fair for both parents.
Use Written Communication: When you talk to the other parent about establishing a schedule, make sure you memorialize it. Communicate about the agreement using text or email. If you only do it verbally, it can lead to “he said, she said” debates. Plevy also recommends against recording phone conversations as proof of an agreement. This could get you involved into a criminal trial suit for breach of privacy reasons.
Communicate Now: Now is the time for people to start thinking now about summer custody plans because there is a chance stay at home orders could extend into the summer. However before making any decisions, Plevy advises it is best to get guidance before you act. A family law attorney can help you through the process of working with your spouse on these sudden changes. Correcting your custody arrangement later on is a lot more challenging.
If you have questions about how to navigate family law issues, 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.
