At the start of the Ohio COVID-19 Stay at home order, many people wanted to know what it means for their court ordered shared parenting agreements. Here are some hypothetical scenarios:
- Mom and Dad live in different states more than 90 miles apart. Children are supposed to be with Mom for the Summer and Dad during the school year. Ohio’s Stay at Home Order went into effect 2 days before the children were to leave to go with Dad for 2 weeks. Mom was concerned for children’s safety and possible exposure to the virus so didn’t want children leave and refused to release them to dad.
- Shared parenting order was in place based on in-school schedule, however, school was out due to Corona Virus risks. Non-School placement parent felt they should have more time with the children because school is out and they could spend more time with him.
The answer to both these scenarios is the same: The existing court order will govern and all parties should continue to abide by it, no matter what.
Think about it, we are in unprecedented times and I’m not sure we’ve ever contemplated what would happen with parenting agreements if a huge pandemic swept the nation. It’s unreasonable to think that a Court would be able to consider modifications to each and every parenting agreement that is impacted by the pandemic. It just wouldn’t happen.
Here are a couple important points to consider:
- Both parties may agree to deviate from the shared parenting plan, but this is ONLY if they both agree to a deviation. If both parties choose to deviate, get the agreed change in writing just in case the other party conveniently changes their mind or has a different version of the story.
- If you’re the party being wronged, hire an attorney to file a motion for contempt for failure to comply with a court order. It is important to immediately inform the court and failure to do so for an extended period of time, could be seen as acquiescing to the change.
- If there is a change in circumstance that is more long term than the stay at home order period, you can file a modification to the parenting agreement (i.e. income change due to layoff).
In sum, consider this: The risk of contracting COVID-19 is everywhere. A parenting agreement is adopted by the court with the best interest of the child in mind. The key word here is the best interest of the child, not the parents. Put your egos aside and do what is best for the kids, but try not to violate a court order while you’re at it!
*Nothing in this blog post should be considered legal advice and it is expressly understood that no attorney- client relationship exists between the reader and Attorney Jalyn Parks. ,