Schools are closed through the school year, which means children are going to be home for the next five months. In divorced or separated families, the parent who has primary custody is now with the children 24/7, all while still trying to work from home. “This can be tough for both the children, as well as the parent,” says SmolenPlevy principal Alan Plevy. During this uncertain time, Plevy says the best thing you can do is work with the other parent.
Set Up an Exchange Schedule
There is nothing wrong with exchanging children right now. Current social distancing and shelter-in-place orders don’t affect custody orders. For now, you should continue following your current arrangement, but you may want to agree on an alternative plan. For example, the secondary parent could get a few hours with the children so the primary custodial parent gets some time to themselves. “It’s a win-win situation for both parents,” says Plevy.
Memorialize Any Child Custody Modifications
Judges won’t mind if both parents can agree on a modified plan. “As an attorney, our recommendation would be to go to the court and get it officially modified, but that’s not possible in today’s age because courts are closed,” says Plevy. The next best thing is to get any child custody modifications in writing, whether it is text or emails.
Working Together Helps in the Long-Run
Making child custody modifications during this time should not hurt you in the long-run suggests Plevy. Judges are going to be very appreciative that parents were able to work together. “It is not going to play very well with a judge if there is a parent who is trying to take advantage of the coronavirus situation,” says Plevy.
If you have questions about how to navigate custody issues during the COVID-19 pandemic, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
Related Content
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Click here to read “How Does Coronavirus Impact Separation, Divorce and Custody?”
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Click here to read the Association of Family and Conciliation Courts: “Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic”
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Click here to read “Coronavirus: How it Affects Child Custody Summer Schedules”
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with 40 years as a family lawyer in Fairfax, Virginia. As one of the most experienced divorce lawyers in Virginia, he has vast expertise in all issues requiring resolution in matrimonial actions including property settlement agreements, custody and visitation issues, and child support.
Regularly named a ‘Top Lawyer’ by Washingtonian magazine, Alan Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a member of the Bars of Virginia and the District of Columbia, and is admitted to practice before the U.S. Court of Appeals – Fourth Circuit, U.S. Bankruptcy Court – Eastern District of Virginia and the U.S. District Court – Eastern District of Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Throughout her career, Ms. Dickerson has received numerous awards. Most recently she was named a 2019 Best Lawyer by The Best Lawyers in America© and was selected as a “Leader in the Law” by Virginia Lawyers Weekly in 2007 and SmartCEO Magazine’s Power Players Attorney of the Year for divorce, domestic relations, and child custody and adoptions in 2013. Northern Virginia Magazine has named her a Top Lawyer for family-focused law in 2016, 2015, 2013 and 2010. She was named to “Virginia Legal Elite” by Virginia Business in 2014.
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