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.


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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.


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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.

Images courtesy of Mark Storhaug & Kaiya Bates

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The experiences we have at school tend to stay with us throughout our lives. It's an impactful time where small acts of kindness, encouragement, and inspiration go a long way.

Schools, classrooms, and teachers that are welcoming and inclusive support students' development and help set them up for a positive and engaging path in life.

Here are three of our favorite everyday actions that are spreading kindness on campus in a big way:

Image courtesy of Mark Storhaug

1. Pickleball to Get Fifth Graders Moving

Mark Storhaug is a 5th grade teacher at Kingsley Elementary in Los Angeles, who wants to use pickleball to get his students "moving on the playground again after 15 months of being Zombies learning at home."

Pickleball is a paddle ball sport that mixes elements of badminton, table tennis, and tennis, where two or four players use solid paddles to hit a perforated plastic ball over a net. It's as simple as that.

Kingsley Elementary is in a low-income neighborhood where outdoor spaces where kids can move around are minimal. Mark's goal is to get two or three pickleball courts set up in the schoolyard and have kids join in on what's quickly becoming a national craze. Mark hopes that pickleball will promote movement and teamwork for all his students. He aims to take advantage of the 20-minute physical education time allotted each day to introduce the game to his students.

Help Mark get his students outside, exercising, learning to cooperate, and having fun by donating to his GoFundMe.

Image courtesy of Kaiya Bates

2. Staying C.A.L.M: Regulation Kits for Kids

According to the WHO around 280 million people worldwide suffer from depression. In the US, 1 in 5 adults experience mental illness and 1 in 20 experience severe mental illness, according to the National Alliance on Mental Illness.

Kaiya Bates, who was recently crowned Miss Tri-Cities Outstanding Teen for 2022, is one of those people, and has endured severe anxiety, depression, and selective mutism for most of her life.

Through her GoFundMe, Kaiya aims to use her "knowledge to inspire and help others through their mental health journey and to spread positive and factual awareness."

She's put together regulation kits (that she's used herself) for teachers to use with students who are experiencing stress and anxiety. Each "CALM-ing" kit includes a two-minute timer, fidget toolboxes, storage crates, breathing spheres, art supplies and more.

Kaiya's GoFundMe goal is to send a kit to every teacher in every school in the Pasco School District in Washington where she lives.

To help Kaiya achieve her goal, visit Staying C.A.L.M: Regulation Kits for Kids.

Image courtesy of Julie Tarman

3. Library for a high school heritage Spanish class

Julie Tarman is a high school Spanish teacher in Sacramento, California, who hopes to raise enough money to create a Spanish language class library.

The school is in a low-income area, and although her students come from Spanish-speaking homes, they need help building their fluency, confidence, and vocabulary through reading Spanish language books that will actually interest them.

Julie believes that creating a library that affirms her students' cultural heritage will allow them to discover the joy of reading, learn new things about the world, and be supported in their academic futures.

To support Julie's GoFundMe, visit Library for a high school heritage Spanish class.

Do YOU have an idea for a fundraiser that could make a difference? Upworthy and GoFundMe are celebrating ideas that make the world a better, kinder place. Visit upworthy.com/kindness to join the largest collaboration for human kindness in history and start your own GoFundMe.

Photo by R.D. Smith on Unsplash

Gem is living her best life.

If you've ever dreamed of spontaneously walking out the door and treating yourself a day of pampering at a spa without even telling anyone, you'll love this doggo who is living your best life.

According to CTV News, a 5-year-old shepherd-cross named Gem escaped from her fenced backyard in Winnipeg early Saturday morning and ended up at the door of Happy Tails Pet Resort & Spa, five blocks away. An employee at the spa saw Gem at the gate around 6:30 a.m. and was surprised when they noticed her owners were nowhere to be seen.

"They were looking in the parking lot and saying, 'Where's your parents?'" said Shawn Bennett, one of the co-owners of the business.

The employee opened the door and Gem hopped right on in, ready and raring to go for her day of fun and relaxation.

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When a pet is admitted to a shelter it can be a traumatizing experience. Many are afraid of their new surroundings and are far from comfortable showing off their unique personalities. The problem is that's when many of them have their photos taken to appear in online searches.

Chewy, the pet retailer who has dedicated themselves to supporting shelters and rescues throughout the country, recognized the important work of a couple in Tampa, FL who have been taking professional photos of shelter pets to help get them adopted.

"If it's a photo of a scared animal, most people, subconsciously or even consciously, are going to skip over it," pet photographer Adam Goldberg says. "They can't visualize that dog in their home."

Adam realized the importance of quality shelter photos while working as a social media specialist for the Humane Society of Broward County in Fort Lauderdale, Florida.

"The photos were taken top-down so you couldn't see the size of the pet, and the flash would create these red eyes," he recalls. "Sometimes [volunteers] would shoot the photos through the chain-link fences."

That's why Adam and his wife, Mary, have spent much of their free time over the past five years photographing over 1,200 shelter animals to show off their unique personalities to potential adoptive families. The Goldbergs' wonderful work was recently profiled by Chewy in the video above entitled, "A Day in the Life of a Shelter Pet Photographer."