The spread of the Coronavirus in New York has led residents to adjust to stay-at-home orders for the foreseeable future. This changed the way people are living during these uncertain times. This can be especially difficult for families of divorce trying to figure out how they can navigate the situation to keep their children safe. While it can be easy to simply want to keep your child home, it is important to remember that both parents have rights to their child. Continue reading below and contact an experienced New York family law attorney to learn more.
What Rights do Parents Have?
Parents who go through a divorce are required to settle the rights and responsibilities they will have throughout their child’s upbringing. This can include:
- The right to custody. Parents can obtain physical custody, legal custody, or both. If a parent has physical custody, they are the parent the child will live and spend most of their time with. Parents that have legal custody have the right to be part of making decisions regarding the child’s life.
- The right to visitation. A parent can still have visitation rights even if they only have legal custody. Parents can determine how this is done when they make a parenting plan.
- The right to support. In New York, both parents of a child are required to financially support them. This is done through mandatory child support payments from a non-custodial parent to a custodial parent until the court decides it is no longer necessary.
Are these Rights Valid During Coronavirus Times?
The global pandemic has changed the way just about everyone is living their life. During this time, it is understandable that a parent wants to put their child’s safety first and keep them from being exposed to any harm, such as the virus. However, parents still have the same rights to their child that they have always had and the terms of a custody or visitation agreement cannot be broken. Instead, if a parent wants to keep their child from seeing the other parent due to fear of exposure, they must reach an agreement with that parent or request a modification from the court. Until this is allowed, no changes can be made to either arrangement.
It is also important to know that the law pertaining to child support payments also remains the same during this time. While many parents are facing financial difficulties as a result of the pandemic, child support agencies must continue to report any past-due payments. That is why those facing hardship should request a modification of their payments so that they better fit their new financial situation.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.