I have already fought for many clients involved in coronavirus pandemic parenting time disputes. Those disputes are emotional. There are three important documents to keep in mind:
- New Jersey Statute 9:2-4 provides that it is the public policy of New Jersey for children to have “frequent and continuing contact” with both parents in separation and divorce situations.
- Court Orders as to parenting time are valid and enforceable, even during a pandemic.
- Governor Murphy’s Executive Order 107, which generally requires most people to stay at home, specifically exempts “visiting family members as a caretaker”.
I will not let a parent use the coronavirus to deny my client his or her court-ordered time with a child.
That said, both parents must comply with the Governor’s ordered precautions (e.g., social distancing, hand-washing) while he or she has care of a child. Do not give the other parent an excuse to withhold the child (e.g., Facebook post of parent and child at a crowded gathering).
When one parent is ultra-cautious, and the other less so, I work to try to find a fair and reasonable middle ground, as in any other dispute.
There are economic coronavirus disputes as well, e.g., payment of child support and/or alimony when the payor has been laid off or furloughed and dividing the stimulus checks for the child.
Contact me for help.
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