Thursday, December 10, 2020

Divorce and Custody in Times of Covid-19

 Divorce and Custody in Times of Covid-19

Do I have to do a custody transfer during times of lock down or community spread?  This is a question I have been getting very frequently.  Many people are concerned and so for them it is a valid question.  There are some, who having been scarred by the divorce itself, will try to use community spread as a weapon against the other parent.

Child's Best Interest

The main focus of a custody order is the best interest of the child.  Maintaining regular and frequent contact are extremely important to a child's well being.  Keeping this in mind, it is imperative that in a situation where a child is going back and forth between homes, that both parents, as well as the child, are exercising precautions to prevent contraction of Covid-19.  By doing this, the parties can continue the child's routine which is so critical to their well being. If a child or a parent does contract Covid-19 the appropriate measures should be taken including notifying the other parent and apprising them of the situation.

Invalid Use of Claim

For those who seek to use Covid-19 as a tool to spite the other parent, judges are very good at reading through the lines.  Undoubtedly, they have heard testimony and if one parent or the other, or both, comes across as incredible, then when the issue of coronavirus is brought up, the judge may questions the veracity of the claim.

If you have questions about divorce, custody or covid-19 in relation to divorce or custody, give us a call at (208) 473-2383 or visit us at www.lawboiseid.com


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