If you are worried that your ex-spouse is putting your children at risk by not respecting pandemic guidelines, what can you do?
Going through a divorce is tough, but for parents with minor children, it comes with the additional difficulties of co-parenting. Agreeing on how to raise and care for your children with a person you are separated from can be a huge challenge. On top of that, 2020 has seen massive changes in the way we live because of the global coronavirus pandemic.
When you and your ex have different ideas of protecting your children during such a health crisis, it can become a matter of child endangerment. If you are worried that your ex-spouse is putting your children at risk by not respecting pandemic guidelines, you need to take action.
First, Try to Solve the Issue One-on-One
Since the courts are often understaffed and might only take emergencies during these times, the wise way to approach it is to solve this issue one-on-one with your ex. Express your worry in a concise, objective way, and try not to start an emotional, irrational conflict that might affect you as well.
It’s best to contact your ex in writing and keep a copy of your message, as it will be used later if things go to court or you have to file a motion. Don’t interfere with the other parent’s right to visit their child as per the court order you have in place, at least not until you have a new court order.
File an Emergency Motion
If your ex continues to ignore pandemic guidelines imposed by the state, you can file a motion on an emergency ex-parte. If you can prove that your children are, indeed, endangered by your ex’s relaxed approach to pandemic guidelines, you can be given temporary custody of your children, limiting the other parent’s rights to visitation.
Discuss this matter with an experienced divorce attorney. The attorneys at The Betz Law Firm specialize in divorce and family law and will be able to determine the best approach to keeping your children safe through legal actions.
If you can provide evidence that your ex’s actions while the children were in their care were endangering them in any way related to the pandemic, the court can decide to impose a new court order. The state guidelines regarding the prevention of coronavirus spread should be reinforced by both parents while still keeping their part of the custodial court decision in place.
Talk with Your Attorney
Divorce is hard enough. Having to ensure that your kids are out of harm’s way adds another layer to this challenge. If you disagree with your ex’s decision regarding handling the pandemic and think that your children are unsafe, you should do something, but don’t rush into an emotional response.
If you find yourself in this situation, The Betz Law Firm can help you protect your children by offering legal advice and representation in case of a new court hearing and the process that precedes it.
Speak With an Experienced Attorney
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