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Family Law Blog

Can a Pandemic Force Modification of Your Parenting Plan?

Friday, August 21, 2020

COVID-19 has had a profound effect on the world, and that extends into the sphere of family issues and family law. While you likely prioritized the safety of your child over any plans put in place by the court during the pandemic, with the loosening of the restrictions, you may find push back when it comes to adhering to what was set in place.

Contemption 

One of the biggest issues that some families will face now is having one party willfully neglecting the previously stated parenting plan. In many cases, parents put aside their differences and agreed to suspend the previous agreement to keep their children healthy. However, now that the world is getting back to normal, some will find that the other parent is not willing to go back. What do you even do then?

If there is no quarantine in place, neglecting the set parenting plan is contempt. You can then take your ex-spouse to court where the judge will weigh in on their willful contempt of a court-set parenting plan. The judge will examine the circumstances that have been going on. For example, if your ex-spouse was exhibiting signs of COVID-19 and refused to be tested, you will not be held in contempt for not following the parenting plan. You were prioritizing the health of your child just as the judge would have ordered. However, if they found that they were tested, and it was negative, yet you were still not complying, then the judge may order sanctions, make up time, and attorney fees to be paid.

Learn More About How the Pandemic Changes Your Parenting Plan

Do you have an ex-spouse that you feel is violating your parenting plan? We can help. Contact us today to see what Jamra & Jamra can do to help you get your family back to normal and make sure all your family law problems are handled safely and professionally.