Seven Guidelines for Parents Who Are Divorced/Separated and Sharing Custody of Children During the COVID19 Pandemic

Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for coparenting during the COVID-19 pandemic. 

1. BE HEALTHY.

Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media.

2. BE MINDFUL.

Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate. 

3. BE COMPLIANT with court orders and custody agreements.

As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing. In some jurisdictions there are even standing orders mandating that, if schools are closed, custody agreements should remain in force as though school were still in session.

4. BE CREATIVE.

At the same time, it would be foolish to expect that nothing will change when people are being advised not to fly and vacation attractions such as amusement parks, museums and entertainment venues are closing all over the US and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype.

5. BE TRANSPARENT.

Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus.

6. BE GENEROUS.

Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can be made and will take seriously concerns raised in later filings about parents who are inflexible in highly unusual circumstances.

7. BE UNDERSTANDING.

There is no doubt that the pandemic will pose an economic hardship and lead to lost earnings for many, many parents, both those who are paying child support and those who are receiving child support. The parent who is paying should try to provide something, even if it can’t be the full amount. The parent who is receiving payments should try to be accommodating under these challenging and temporary circumstances.

Adversity can become an opportunity for parents to come together and focus on what is best for the child. For many children, the strange days of the pandemic will leave vivid memories. It’s important for every child to know and remember that both parents did everything they could to explain what was happening and to keep their child safe.

For more resources on co-parenting check out this blog post on How The Children’s Needs Can Guide The Parents.

The Draw of Conflict

To my mind, the costs of litigation and of fighting are so high – that I really can’t imagine deciding that I would rather fight than settle.  But I guess it mainly depends on how the conflict is framed – whether you feel that there is an important principle at stake.

If you’re going to fight about something having to do with the children, they will know that you are fighting in court, and they will know that one parent thinks the other is screwing them over (or both parents think the other is screwing them over) and they will feel pulled-apart and tormented and guilty, over being the subject of the parents’ conflict.

If a couple has true joint custody – 50/50 time division with the children – NY State still requires some payment of child support.

There are several options:

  • put in payments back and forth to each other – i.e., dad pays mom $100 on the 1st of the month, and mom pays dad $100 on the 15th of the month
  • net out child support payments, based on incomes – if dad would have to pay $1,000 per month child support to mom, under the statute, and mom would have to pay $800 per month to dad, then dad pays $200 per month to mom
  • analyze incomes and expenses, and allocate the shortfall equally
  • put in child support to agreement and divorce papers, and enter into a “side agreement,” signed 1 day after, where the recipient parent agrees not to enforce the order for child support.  This one is risky – because it’s really an end-run around the courts, and it’s hard to know whether it would be enforceable.

For someone who is very economically comfortable, but feels that there is a principle at stake – “if we both have the children 50% of the time, why should I pay child support?” –  is it really worth fighting about in court?  You will end up, very quickly, spending amounts on attorney fees that are similar to what you would spend by just paying child support.  And – in general – the courts are not too sympathetic to parents who don’t want to pay child support.

Even in a 50/50 time sharing case.

But – there is, I think, an unconscious fantasy that you will teach the other person a lesson.  That he/she will finally understand how hurt you were, or how wrong he/she is – when you show that you are willing to stake more money than is in controversy, to prove him/her wrong, and you right.

I don’t think anyone comes out of court feeling, “Wow, now I really get it, I was so wrong.”  In fact – I don’t think anyone comes out of court feeling, “Wow that was so satisfying, that judge totally understood me.”

In the divorce context, that is.

And then there is this article (from the website of Geneen Roth, Vol. 6, Issue 6):

I recalled something [my ex] said during a fight we had in a spectacular restaurant. “Why not think of all the times we’ve celebrated and all the times we have yet to celebrate as a bank account from which we can draw funds?” he asked. “Let’s put aside this fight, take some celebration savings out now, and replenish the fund when we get home.”

I remember looking from him to the mushroom tart on my plate, thinking, I could let this horrible fight go. I could enjoy this tart, and we could have a wonderful time.  Then I thought, ‘but if I let it go, I will be a wimp.  He doesn’t deserve to have a good time after what he’s done.  If I let go, he will win.’   I didn’t bother to ask myself what I would lose by holding on to my anger — I only figured that if he didn’t love me, the least he could do was suffer. So I said, “Forget it. It’s a terrible idea,” and ruined the evening for us both