My Ex Is Not Taking Proper COVID Precautions. Is There Anything I Can Do?
The unprecedented times under the Covid-19 virus have brought much more logistical boundaries in the process of a divorce. Currently, most hearings are still being postponed due to the virus. This has lead to hearings of all sorts, including divorce hearings to be virtual. During divorce hearings, there are many assets and other belongings that need to be decided for ownership between the two parties. The biggest subject in a divorce many times is child custody.
After a divorce, children will have scheduled times to spend with each parent involved in the divorce. During this pandemic, this can always be dangerous and risky when trying to contain the virus. This makes it extremely important that both parents follow Centers For Disease Control and Prevention (CDC) guidelines.
Steps to Take When Your Ex has not been Following Covid Guidelines
One of the first actions a parent can take when their ex is not following COVID-19 guidelines is to set up a mediation. During the mediation, this is when a third party is present to understand certain circumstances. Couples who are typically successful in deciding ground rules and finding a solution under third-party help should follow this path.
If a mediation session is not successful it is appropriate to file a motion to seek an admonishment. The pandemic is extremely dangerous and your ex’s irresponsible actions could bring great risk to you contracting the virus. Therefore, declaring a warning and bringing caution to your ex can change their actions. This admonishment will make it clear to your ex, and to the court that if the ex does not follow covid guidelines, that you will bring a motion to have the other parent lose temporary custody. If the other parent continues to not follow the guidelines after this motion, you can then file for a custody change.
The third step in the process is to file for the change in custody. When reaching this step, this means that your ex is still violating these covid guidelines. Filing for emergency custody can be very reasonable under these circumstances. Evidence is extremely important in these situations. The court needs to go through a hearing in which evidence of the harm your ex is bringing by not following guidelines needs to be extensive and detailed. Having this extensive evidence can cause emergency custody to you for the safety of the family.
Contact a Divorce Lawyer About Your Options Today
Divorce during the current pandemic can be a very troubling time for everybody. With many people’s financial and personal situations being affected, it is important to be involved in a fair and healthy divorce process. With the ongoing pandemic, safety is very important for everyone. Our experienced lawyers at The Capital Family Law Group want to make sure you and your children are staying safe during these unprecedented times. A parent should never be putting their entire family in danger due to their irresponsible actions. Call our office to learn more about how an attorney could help today.