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Co-parenting in the coronavirus pandemic: A family law scholar’s advice

Co-parenting in the coronavirus pandemic: A family law scholar’s advice

As millions of people around the world practice social distancing and self-quarantine, they are separating themselves from everyone but their immediate family members. However, for divorced or separated parents who share custody of their children, the definition of "immediate family" isn't obvious.

Already, family lawyers around the country are being inundated with calls from anxious parents worried about returning children to co-parents who are not willing to practice social distancing. They are contemplating keeping their child away from the other parent, in violation of a shared-custody agreement – but wonder how courts will react.


I have been a family law professor for almost 13 years. I have written numerous articles about custody and visitation. Until recently, I never even contemplated how these traditional family law concepts might change in response to a pandemic. Few custody and child-support court orders will have provisions covering how to share parenting in a pandemic – although they may become common in the future.

This is uncharted legal territory. The federal government, many states and even municipal governments around the country have declared states of emergency.

With many family courts closed, divorced or separated parents will have to make up arrangements as they go along. My strong advice is that parents should not try and equate the COVID-19 pandemic with other types of emergencies that may be covered in their custody agreements.

Instead, they should seek to work together – however difficult that may be – to provide for the best interests of their children, and to preserve a sense of fairness and equity, both emotionally and legally, however custody is shared.

Finding common ground

As workplaces shut down or convert employees to working from home, many parents may find opportunities to adjust schedules so the child can be cared for by one parent or the other, rather than bring in the care of sitters, nannies or members of the extended family.

Public health experts say it's best to limit social circles to reduce the spread of the coronavirus.

Parents should try to be a team in this situation, even if it is difficult. This is not the time to keep a minute accounting of how many overnights the other parent has had or to argue that the current school closures should be treated like summer vacation. Avoid gamesmanship.

Talk through concerns and be open to new arrangements. Reassure the other parent that any current reduction in their parenting time will be made up – eventually – and that in the meantime, they will have increased phone calls, video chats and other forms of non-physical contact.

I do recommend keeping records, including contacting the other parent in writing (by text or email), explaining what your concerns are about the current custody plan, and proposing a reasonable solution. It will be very helpful to encourage the other parent's thoughts and suggestions on the proposal. Any coronavirus custody arrangement should accommodate the concerns and interests of both parents.

It is stressful for everyone – parents and children alike – to live through this pandemic. Children don't need the added worry of parental fights. They badly need more stability and reassurance – especially about their contact and connection with those who love them the most.

Judges look out for the kids

It may not be easy to come to agreement. Every relationship – and ex-relationship – is different. Some couples may be used to sorting things out in court. That is less possible now than during normal times.

Most family courts are closed for everything but emergency matters, which almost certainly do not include custody disputes. Of course, after the crisis passes, the courts will reopen.

At that time, I have little doubt that judges will be pleased with parents who have worked together to identify their children's best interests, and taken steps to protect their health and safety. And I expect judges will be furious at parents who put their own interests before their children's, and refused to cooperate with a willing and reasonable parent.


images.theconversation.com


Disobeying a court order is a big unknown

If agreement is really impossible, the path gets much more precarious. Shared-custody agreements and orders were crafted when the present crisis was unimaginable, but violating them is risky – even if the reason sounds solid. Judges may reduce visitation and custody for parents who interfere with their ex-partner's custodial rights.

Parents who fear for their children's health may be willing to take their chances and hope that when this is all over, the family court will agree that their decision was reasonable. It is a big gamble – and regardless of the outcome is likely to involve significant legal expense and time fighting in court.


images.theconversation.com


Seeking help to settle disputes

There are alternatives to conflict and animosity, and waiting for courts to reopen and sort things out.

Many family court mediators remain available to help couples work out pandemic related custody issues. Although the specific circumstances of the coronavirus pandemic are unprecedented, parental disputes about children's health and safety are common. Mediators are well versed in these issues and can help families reach reasonable agreements.

Mediated agreements – even attempts at agreements – provide a contemporary and largely objective record of the parents' thoughts, circumstances and concerns. That record may help judges sort out who was being reasonable and accommodating in seeking custody changes, and who was not.

In the effort to stem the spread of the coronavirus, Americans are repeatedly reminded that the decisions they make today will have direct consequences on our individual and collective well-being in the future. This warning is not specifically directed at divorced or separated parents, but it is just as applicable.

The custody choices parents make in the next few weeks affect not only the immediate health and welfare of their children and families, but may also affect their future custody arrangements. Courts rarely look kindly on parents who put their needs before their children's. In the aftermath of a pandemic, it safe to assume this will be even more true.

The circumstances surrounding many custody disputes have changed drastically in the past week, but as always, the safest bet is cooperation.

Marcia Zug is Professor of Family Law, University of South Carolina

This article originally appeared on The Conversation. You can read it here.

Identity

Celebrate International Women's Day with these stunning photos of female leaders changing the world

The portraits, taken by acclaimed photographer Nigel Barker, are part of CARE's "She Leads the World" campaign.

Images provided by CARE

Kadiatu (left), Zainab (right)

True

Women are breaking down barriers every day. They are transforming the world into a more equitable place with every scientific discovery, athletic feat, social justice reform, artistic endeavor, leadership role, and community outreach project.

And while these breakthroughs are happening all the time, International Women’s Day (Mar 8) is when we can all take time to acknowledge the collective progress, and celebrate how “She Leads the World.

This year, CARE, a leading global humanitarian organization dedicated to empowering women and girls, is celebrating International Women’s Day through the power of portraiture. CARE partnered with high-profile photographer Nigel Barker, best known for his work on “America’s Next Top Model,” to capture breathtaking images of seven remarkable women who have prevailed over countless obstacles to become leaders within their communities.

“Mabinty, Isatu, Adama, and Kadiatu represent so many women around the world overcoming incredible obstacles to lead their communities,” said Michelle Nunn, President and CEO of CARE USA.

Barker’s bold portraits, as part of CARE’s “She Leads The World” campaign, not only elevate each woman’s story, but also shine a spotlight on how CARE programs helped them get to where they are today.

About the women:

Mabinty

international womens day, care.org

Mabinty is a businesswoman and a member of a CARE savings circle along with a group of other women. She buys and sells groundnuts, rice, and fuel. She and her husband have created such a successful enterprise that Mabinty volunteers her time as a teacher in the local school. She was the first woman to teach there, prompting a second woman to do so. Her fellow teachers and students look up to Mabinty as the leader and educator she is.

Kadiatu

international womens day, care.org

Kadiatu supports herself through a small business selling food. She also volunteers at a health clinic in the neighboring village where she is a nursing student. She tests for malaria, works with infants, and joins her fellow staff in dancing and singing with the women who visit the clinic. She aspires to become a full-time nurse so she can treat and cure people. Today, she leads by example and with ambition.

Isatu

international womens day, care.org

When Isatu was three months pregnant, her husband left her, seeking his fortune in the gold mines. Now Isatu makes her own way, buying and selling food to support her four children. It is a struggle, but Isatu is determined to be a part of her community and a provider for her kids. A single mother of four is nothing if not a leader.

Zainab

international womens day, care.org

Zainab is the Nurse in Charge at the Maternal Child Health Outpost in her community. She is the only nurse in the surrounding area, and so she is responsible for the pre-natal health of the community’s mothers-to-be and for the safe delivery of their babies. In a country with one of the world’s worst maternal death rates, Zainab has not lost a single mother. The community rallies around Zainab and the work she does. She describes the women who visit the clinic as sisters. That feeling is clearly mutual.

Adama

international womens day, care.org

Adama is something few women are - a kehkeh driver. A kehkeh is a three-wheeled motorcycle taxi, known elsewhere as a tuktuk. Working in the Kissy neighborhood of Freetown, Adama is the primary breadwinner for her family, including her son. She keeps her riders safe in other ways, too, by selling condoms. With HIV threatening to increase its spread, this is a vital service to the community.

Ya Yaebo

international womens day, care.org

“Ya” is a term of respect for older, accomplished women. Ya Yaebo has earned that title as head of her local farmers group. But there is much more than that. She started as a Village Savings and Loan Association member and began putting money into her business. There is the groundnut farm, her team buys and sells rice, and own their own oil processing machine. They even supply seeds to the Ministry of Agriculture. She has used her success to the benefit of people in need in her community and is a vocal advocate for educating girls, not having gone beyond grade seven herself.

On Monday, March 4, CARE will host an exhibition of photography in New York City featuring these portraits, kicking off the multi-day “She Leads the World Campaign.

Learn more, view the portraits, and join CARE’s International Women's Day "She Leads the World" celebration at CARE.org/sheleads.


Health

Over or under? Surprisingly, there actually is a 'correct' way to hang a toilet paper roll.

Let's settle this silly-but-surprisingly-heated debate once and for all.

Elya/Wikimedia Commons

Should you hang the toilet paper roll over or under?



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Humans have debated things large and small over the millennia, from the democracy to breastfeeding in public to how often people ought to wash their sheets.

But perhaps the most silly-yet-surprisingly-heated household debate is the one in which we argue over which way to hang the toilet paper roll.

The "over or under" question has plagued marriages and casual acquaintances alike for over 100 years, with both sides convinced they have the soundest reasoning for putting their toilet paper loose end out or loose end under. Some people feel so strongly about right vs. wrong TP hanging that they will even flip the roll over when they go to the bathroom in the homes of strangers.

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The Hamilton Spectator

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Some who saw the video thought that Asero came off as entitled and exemplified the younger generation’s lack of work ethic. In contrast, others sympathized with the young woman who is just beginning to understand how hard it is to find work-life balance in modern-day America.

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I told a kid a riddle my dad told me when I was 7. His answer proves how far we've come.

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"A man and his son are driving in their car when they are hit by a tractor-trailer.

Photo via iStock.

(We were driving at the time, so of course this was the riddle he decided to tell.)

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The son is badly injured. Paramedics rush him to the hospital.

Photo via iStock.

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