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Child custody and visitation arrangements during the coronavirus pandemic
Child custody and visitation arrangements during the coronavirus pandemic
In the best of times, maintaining a positive co-parenting relationship with your ex can be challenging. The coronavirus pandemic has added a level of complication to child custody and parenting plan arrangements. Here, we discuss how coronavirus pandemic might complicate your child custody or visitation arrangement and offer some tools that you and your child’s other parent can use to make it work.
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The pandemic has disrupted many facets of life including child custody orders and parenting plans. Many states and cities have shelter-in-place orders and parents may be concerned about leaving their homes to pick up or transport the child. Some parents are unable to exercise their regular visitation or parenting time because they or someone in their household is ill with the virus or was exposed to the virus and has been ordered to self-quarantine. It may not be safe to move a child who has the virus and potentially expose the other members of the household. Because of the rampant and virulent nature of the virus, some parents are refusing visitation or not returning the child because they are concerned the child may contract the virus. Parents are right to be scared. Scientists estimate that 1 out of 4 people who have the virus may be asymptomatic, so a child moving from one household to the next may contract the virus and infect the other household without showing symptoms.
If you refuse to allow the other parent visitation because mof the pandemic, you may be vulnerable to a contempt of court charge for willfully disobeying a court order. It is important for you, as a parent, to understand your legal obligations. Unless your state courts have issued contrary instructions, you are still required to comply with the terms of your court-ordered parenting plan. As Texas courts have explained, parents must follow their court-approved visitation arrangement even during the pandemic. They must observe the schedule for the school year even if schools are physically closed and children are required to complete distance learning assignments. If you refuse to allow the other parent visitation because of the pandemic, you may be vulnerable to a contempt of court charge for willfully disobeying a court order. Additionally, the other parent may use your refusal to follow the visitation schedule against you and seek a modification of the custody order. Suppose your situation exposes your child or a vulnerable person in your household to a heightened risk of infection. There is a difference between restricting visitation when you have a valid concern about the health and safety of a child or vulnerable person in your household versus a general fear based on the situation. Here are some examples of a few situations that may warrant a temporary change in custody and visitation arrangements: One parent or someone in his or her household works in an essential industry (e.g., health care, grocery store, mass transit, etc.) where he or she is at high risk of exposure.
• One parent is not practicing social distancing and is known to be visiting with friends and family.
• The child has asthma or another medical condition that puts him or her at high risk from COVID-19.
• Someone in one parent’s household is exhibiting symptoms consistent with COVID-19.
• Moving between households requires the use of public transportation.
And there may be others.
Remember that a custody order continues to apply until it is changed by the court. If you want to make a change to legal custody (ability to make decisions about the child), physical custody, or your visitation/time-sharing schedule, you will have to try to modify the order. The way you approach this depends on whether you and the other parent agree about the changes or not.
AGREED ORDERS
During this time of crisis, it is important that you speak to your child’s other parent about the situation and focus on what is best for your child. If the other parent is a healthcare worker or has been exposed to COVID-19, he or she may agree to temporarily give you custody or refrain from exercising visitation. In exchange, you can agree to give the parent make-up time later when it is safe to do so and to make the child available for frequent phone calls and video visits with apps like Skype, Facetime, and Zoom. If you and the other parent believe that a different arrangement will better meet your child’s needs (e.g., you have a more flexible work schedule and can help with distance learning), you and the other parent can work out a new arrangement. Put your agreement in writing and sign it. You may then be able to present the agreement to the court as a joint petition to modify the order. If the family court with jurisdiction of your case is closed, you might have to wait for it to reopen to submit your agreement and have the court make the modification. However, If you and your child’s other parent agree, you could probably start with the new arrangement right away. Make sure to keep a copy of your signed written agreement to protect yourself from a claim by the other parent that he or she did not agree to the change.
CONTESTED CASES
If you and your child’s other parent do not agree about changing custody or visitation arrangements, you need to get the court to change the order. You cannot unilaterally make changes without court permission just because you want changes. Even if you are afraid for your child’s health and safety, you need a new court order before you can make these changes. If the situation is an emergency, you might need to seek an emergency hearing (see below). If the situation is not an emergency, you will typically have to submit a petition requesting the changes you want in the custody order and the reason why you believe these changes are necessary. Depending on your state and how long it has been since your child custody or visitation order was put in place, you may have to show the following:
Put your agreement in writing and sign it. You may then be able to present the agreement to the court as a joint petition to modify the order.
CHILD CUSTODY AND VISITATION ARRANGEMENTS
• There has been a material change in circumstances—Something major must have happened since the last order was put in place.
• The change is in the child’s best interests—The court will review various factors related to the child, the parents, the current arrangement and the child’s environment to determine whether the requested change is in the child’s best interests. Some states have a presumption that the current order is in the child’s best interest and will require you to overcome this presumption before the court will consider making changes to the order. You must file the petition in the family court that has jurisdiction of your case and legally serve the other parent with the petition. Many courts across the country have closed due to the pandemic. You may have to wait for the court to open or see if your court offers video hearings. Contact the court clerk before making any new filings.
EMERGENCY HEARINGS
If your child’s health or safety is in imminent danger, you may be able to request an emergency order to protect your child. Typically, this request is completed ex parte, meaning that the other party is not present. You get a temporary order from the judge, give notice to the other parent, and then attend a hearing. These hearings usually have priority over regularly-scheduled hearings. Even if courts are generally closed, they may still be available to issue emergency orders and schedule emergency hearings in person or through video court hearings.
SOURCES OF INFORMATION TO CHECK
To be sure that you uphold your legal responsibilities during this time, it is important to carefully review the following:
YOUR PARENTING PLAN AND CHILD CUSTODY ORDER
Read over the child custody order, parenting plan, visitation agreement, or other court order that applies to your case. While the document is unlikely to contain language that specifically addresses a pandemic, it may contain other language that can provide guidance. For example, your order may state that both parents should work together to make important decisions regarding the child including decisions about the child’s health and education. However, it may give a tie-breaker vote to one parent if both cannot agree. This may be a useful clause in this situation if you and the other parent cannot agree about whether your child needs medical care and what type of medical care to seek. Your custody order may require you to try mediation if you reach an impasse. You and your child’s other parent can try mediation even if your custody papers do not require it. Alternatively, there may be a third-party neutral organization that helps resolve parenting disputes in your jurisdiction. You can likely schedule a mediation session and participate virtually to try to resolve the disagreement amicably without involving the court.
SHELTER IN PLACE ORDERS
You should check your state or local shelter-in-place order or stay-at-home directive for guidance. The order may include information about “essential travel” and may indicate that you can continue to travel to comply with an existing court order and legal obligations. This is the case in Colorado and likely many other areas.
YOUR LOCAL COURTS AND LEGAL PROFESSIONALS
Also, check with your local court for additional guidance. Your local court may have posted guidelines on its website about how to handle co-parenting during the pandemic. Some legal organizations have provided help for parents. For example, a statewide family law panel in Oregon issued guidance to help parents. Your family law attorney should be able to direct you to additional resources and offer advice for your particular situation.
EFFECTIVE CO-PARENTING STRATEGIES TO USE DURING A PANDEMIC
Now, it is more important than ever to try to work together to provide a united front to your child. Children thrive on stability and routine, so it is important to try to provide consistent and predictable routines, especially when other things may seem out of control. Here are a few effective strategies to use during this time:
PUT YOUR CHILDREN’S INTERESTS FIRST
It is more important than ever to put your child’s interests first. Whatever plan you put in place should focus on what is best for him or her.
COMMUNICATE
Do not let your communication with your child’s other parent deteriorate during this pivotal time. Focus on the big picture and communicate honestly and respectfully with the other parent. Discuss your general concerns, as well as specific ones. For example, does a grandparent or older relative live with your child in either home? Do you or the other parent work in a high-risk field? How will you manage distance learning? Have there been changes in your situation that justify a modification in the parenting plan? Talk about these concerns, changes, and possible adaptations that you can make during this time. Confront the challengeas a team. You can use a variety of online tools to help you manage these changes, such as ourfamilywizard where you can keep all of your communication, Cozi where you can share a family calendar, and Facetime and Zoom to have virtual visitation when physical visitation is not possible or advisable. Understand that the other parent is concerned about your child. He or she does not want to lose valuable parenting time. Follow the CDC’s recommendations to minimize potential exposure, including social distancing. By being understanding as well as vigilant about protecting your and your child’s health, you can adapt to the situation and give your child the stability he or she needs.
CREATE AN EMERGENCY PLAN
Work together now to develop an emergency plan just in case the situation changes. Discuss what to do if one of you becomes sick, your child is exposed, or if a shelter in place order comes into play. Having a plan in place can provide you with a sense of control and peace.
CONSIDER MEDIATION
If communication was already an issue before COVID-19, these underlying tensions may be magnified during times of crisis or stress. An intermediary can help you communicate effectively if you have a strained relationship with the other parent. Many mediators are currently offering video mediation as a way to resolve problems without worrying about exposure.
CONCLUSION
During this unprecedented time, it is important to protect the health and safety of your child. A family lawyer can discuss your options and help you resolve issues that arise through mediation, negotiation, or litigation. Even where stay-at-home orders are in place, most family law attorneys are available to clients through phone and video conferencing.
The period between Memorial Day and Labor Day is historically the most dangerous time of year for teen drivers. Some research shows up to 30% of all teen driving fatalities occur during the summer months. Teen drivers lack experience, and the summer months provide multiple reasons for increased risk. Not only is there more daylight and warmer weather, but most teens are out of school and have more free time to be behind the wheel. Here are five safety tips for your teen driver to practice, not just in the summer months but all year long. 1. Avoid Distraction . Research shows as high as 60% of all teen vehicle crashes involve driver distraction. One common misconception is that cell phones are the number one cause of distraction for teen drivers but that is actually not the case. Other passengers create more distractions for teen drivers than any other source. 2. Buckle Up . It is discussed so often that it may seem trite but seatbelt use is proven to reduce fatality rates in motor vehicle accidents. but data shows buckling up can reduce the risk of fatal injury by as much as 45%. 3. Impaired Driving . As high as 15% of all teen driving fatalities involve a blood alcohol content of more than twice the legal limit. 4. Limit Passengers. Most states, including Alabama, have graduated license laws restricting the number of passengers in vehicles operated by teen drivers. Literally all available data associates fewer passengers with lower fatality rates in motor vehicle accidents involving teen drivers. 5. Reduce Nighttime Driving. The fatal crash rate of 16-19-year-olds is nearly 400 times higher at night than during the day.
Identity theft affects millions of people each year and can cause serious harm. Protect yourself by securing your personal information, understanding the threat of identity theft, and exercising caution. Here are 10 things you can start doing now to protect yourself and your loved ones from identity theft: Protect your Social Security number by keeping your Social Security card in a safe place at home. Don’t carry it with you or provide your number unnecessarily. Be careful when you speak with unknown callers. Scammers may mislead you by using legitimate phone numbers or the real names of officials. If they threaten you or make you feel uneasy, hang up. Create strong, unique passwords so others can’t easily access your accounts. Use different passwords for different accounts so if a hacker compromises one account, they can’t access other accounts. Check out the Federal Trade Commission’s password checklist for tips. Never give your personal or financial information in response to an unsolicited call or message, and never post it on social media. Shred paper documents that contain personal information, like your name, birth date, and Social Security number. Protect your mobile device from unauthorized access by securing it with a PIN, adding a fingerprinting feature, or using facial recognition. You can also add a password and adjust the time before your screen automatically locks. Regularly check your financial accounts for suspicious transactions. You can also request and check a free credit report from each of the three credit bureaus every year: TransUnion , Equifax , and Experian . Avoid internet threats by installing and maintaining strong anti-virus software on all your devices—including your mobile device and personal computer. Use a virtual private network (VPN) to stay safe on public Wi-Fi. Do not perform certain activities that involve sensitive data, like online shopping and banking, on public Wi-Fi networks. Protect yourself on social media by customizing your security settings and deleting accounts you no longer use. Also, double-check suspicious messages from your contacts, as hackers may create fake accounts of people you know. Never click on any link sent via unsolicited email or text message—type in the web address yourself. Only provide information on secure websites.
Every accident case is different. Some settle more quickly than others. However, it is not uncommon, for a personal injury case to take a year or more to resolve after the case has been filed in court. Evaluating the Injury Prior to filing a lawsuit, it takes time to determine the full extent of your injuries. Doctors are often unable to give an opinion about the seriousness of an injury until your condition has stabilized. In serious injury cases, it may even take a year after the accident before your doctor can say whether or not your injuries are permanent. It is extremely important to take the necessary time to fully evaluate your injuries. You have only one chance to prove the extent to which you have been harmed. Once you accept a settlement offer, that decision is final. You cannot go back and ask for more money if you later find out your injuries are more serious. An experienced personal injury attorney knows how to keep your case moving through the legal system. Your personal injury case may move through these stages: 1. Written Discovery The written discovery period can last over six months. You will be asked to answer written questions (interrogatories) under oath. You will also be asked to produce documents or authorize others to produce documents such as accident reports and medical records. 2. Depositions During a deposition, you will be asked questions under oath. A court reporter types a record of everything that is said. Not only will you be questioned about the accident and your injuries, you will be asked questions about what your health, education, and work were like before the accident. 3. Mediation and Settlement The Court almost always requires a settlement conference or mediation before personal injury cases can go to trial. At mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement. 4. Trial If your case does not settle and goes to trial, a jury decides what your injury is worth. It can take eighteen months or longer to get the trial scheduled. Once the trial is over, there may be further appeals and motions. It's possible for the parties to settle the case during trial or even after trial in order to end an appeal. Your best strategy is to contact an attorney with experience in handling personal injury cases. Your attorney can give you an estimate about the length of time it takes to resolve your type of case. Also, ask your attorney to give you frequent reports on the status of your case so you know that your case is making its way through the legal process. It's understandable that you may be frustrated at the speed your case seems to be moving. However, you should never rush to take the first settlement offer made by an insurance company. The first offer is rarely your best settlement offer. .
Distracted driving has been on the increase for the last several years and continues to be one of the leading causes of vehicle accidents throughout the United States. If you are texting and driving down the highway at 55 mph, that’s like traveling the length of a football field with your eyes closed. You can only drive safely when your full attention is on the road. Any activity that isn’t related to driving is a potential distraction and increases your risk of a collision. While most research points to a mobile phone as the number one culprit, it is far from the only activity potentially stealing a driver's attention. Eating or drinking, grooming, radios, other passengers - especially children, and even pets can also be significant factors. Distracted driving accidents are preventable 99% of the time. Driving can become mundane at times, but we all must remember when driving we have an obligation to the safety of not only ourselves but those who ride with us and other drivers we share the road with. Some studies show listening to podcasts or certain types of music can enhance our concentration. It’s important to practice safe habits behind the wheel. You want to make sure that your passengers know how serious you are about driving without distractions. One of the most effective ways to lead is through example. Be a good example for your friends and family by avoiding driving while you’re distracted.
We see this question all the time. The injured party doesn’t want to use their own health insurance to pay for an injury. They believe it is the responsibility of the person at fault to pay for their medical bills. That may feel like the right position for an accident victim to take but the truth is, most of the time the injured party will end up with a larger settlement if they do, in fact, use their own medical benefits. Here's why; Health insurance companies have a negotiated price for medical services that is about 15 percent less than what people have to pay who don’t have health insurance. If your medical bills are $50,000.00 but Blue Cross Blue Shield pays $15,000.00 and the person who caused the wreck has $50,000.00 in liability coverage, that leaves $35,000.00 available for the injured party versus $0.00. Generally speaking, Blue Cross Blue Shield will reduce the $15,000.00 to $10,000.00 leaving $40,000.00 available. The point is that there’s more money available when you take advantage of your healthcare negotiated rates whether it’s United Health Care, Medicare, Medicaid, or Blue Cross Blue Shield. More money is better. Using your health insurance to pay your medical bills if you are injured, will almost always end up maximizing your settlement.
Once you reach the age of 65 you have many more options than before. As you know if you go on Medicare and you are under the age of 65 your options for health plans are limited. When you turn 65 you will have another open enrollment period to sign up for any plan you wish to get. In other words, just because you are already on Medicare does not prohibit you from having all the options a person not on Medicare and turning 65 would have.
This is one of the questions we get asked the most. In most cases, the answer to this is “no”. When you turn 65, if you are still working and on your employer’s health insurance plan you probably will not need Medicare Part B. I say probably because most employer plans do not file on Medicare if you have a claim. Because you have to pay a premium for Part B, Medicare does not require a person to sign up for Part B as long as you are on your employer’s plan. Also, because the rules can differ for companies with less than 20 employees, the safest thing to do is check with the benefits coordinator at your place of employment for guidance or call us at our office.
Social Security: 3 main reasons why the Government can deny Disability Benefits
For many working Americans, when the unexpected happens and they can no longer work due to a serious medical condition, Social Security Disability Insurance (SSDI) benefits can be a financial lifeline. Most American workers contribute to Social Security through federal payroll taxes. Social Security is designed for income during retirement years however if an individual’s working years are cut short by a severe, long-term illness or injury, they may need income before reaching retirement age. For many who find themselves in these circumstances SSDI provides monthly financial assistance. Seven facts every American should know about the SSDI program 1. SSDI is coverage that workers earn. If an individual has paid enough Social Security taxes through their lifetime earnings, SSDI is intended to provide support by replacing some of their income when they become disabled and unable to work. 2. The Social Security Administration (SSA) has a strict definition of disability. The SSA considers a person disabled if they can’t work due to a serious medical condition that is expected to last at least one year or result in death. SSDI is intended as a long-term solution and is not intended to offer temporary or partial disability benefits. 3. Disability can happen to anyone at any age. Serious medical conditions, such as cancer and mental illness, can affect the young and elderly alike. Studies prove one in four 20-year-olds will become disabled before retirement age. As a result, they may need to rely on Social Security disability (SSDI) benefits for income support. 4. SSDI payments help disabled workers to meet their basic needs. SSDI is not and was never intended to be a full wage replacement. The average monthly Social Security disability benefit is $1,280, as of April 2021, which is intended to allow an individual who has become disabled to meet their basic needs. 5. Social Security works aggressively to detect and prevent fraud. Every American worker who pays federal taxes invests in SSA. The agency is committed to protecting their investment by taking a zero-tolerance approach to fraud. The agency claims a fraud incidence rate that is a fraction of one percent. 6. SSA helps people return to work without losing benefits. Often, people would like to re-enter the workforce. However, many worry they will lose disability benefits if they try working again. They may also fear losing benefits if they are unsuccessful in returning to work. The agency has many programs designed to connect an individual to free employment support services while helping them maintain benefits, such as health care. 7. Millions of disabled Americans depend on SSDI benefits. Nearly 10 million disabled workers and their spouses and children receive benefits through SSA.
A circuit judge in Sarasota ruled Monday that the verdict in a legal malpractice case against the Morgan & Morgan law firm should stand. The judge also denied Morgan & Morgan’s motion for a new trial and another motion to reduce the $5 million award determined by the jury. Attorney Donald St. Denis of St. Denis & Davey in Jacksonville, who represented the plaintiffs in the malpractice lawsuit, said Friday he has a hearing scheduled Tuesday in Sarasota on a motion to award his firm $1.6 million in attorney’s fees and costs. “We’ve been working on this for two years. I’ve got a ton of time in this case,” he said Friday. St. Denis made offers on behalf of his clients in August 2016 and again in January 2017 for $2.5 million and $4 million, respectively, to settle the malpractice suit before going to trial, but Morgan & Morgan’s counteroffer was only $1,000, he said. Morgan & Morgan intends to appeal the jury’s verdict. John Morgan “This case is a long way from over,” John Morgan said Friday in an email response. “We defended this case because we think we are right. And we will continue fighting it because we still believe we are right. We fully expect to win outright on appeal and have a judgment in our favor entered by the appellate courts.” St. Denis represented Shawna and Rock Pollack in the malpractice action related to Morgan & Morgan’s handling of a personal injury case the couple filed after their child was permanently injured during birth. On Oct. 17, a jury in circuit court in Sarasota County found that Morgan & Morgan attorney Armando Lauritano was 100 percent responsible for Shawna and Rock Pollock losing their rights to a medical malpractice claim against a Sarasota obstetrics practice, a nurse midwife and the hospital where their child was born. The case began Nov. 2, 2006, when Shawna Pollock was admitted to Sarasota Memorial Hospital to give birth. After she was given a hormone to induce labor, the unborn infant began to experience slowed fetal heartbeat and Pollock began writhing in pain. By the time an emergency cesarean section was performed, Pollock’s uterus had ruptured, depriving the fetus of oxygen, which caused permanent brain damage. After the birth, the Pollocks contacted Morgan & Morgan. An investigator from the firm met the couple at Ronald McDonald House, where they were staying while their infant son was in All Children’s Hospital in Tampa. On Feb. 17, 2007, the Pollocks agreed to be represented by Morgan & Morgan. They agreed to pay the firm up to 40 percent of a recovery up to $1 million, 30 percent between $1 million and $2 million and 20 percent of recovery in excess of $2 million. St. Denis argued to the jury that Morgan & Morgan was focused on collecting a large fee for the child’s brain injury claim to the point that its representative failed to provide the required presuit notice of claims for injuries sustained during the delivery by Shawna Pollock, including that she no longer is able to have children. After it became clear that the baby would qualify for no-fault benefits from the Florida Birth-Related Neurological Injury Compensation Association, and after the statute of limitations period for submitting notice the Pollocks intended to seek compensation for their personal loss had expired, Morgan & Morgan withdrew from representing the Pollocks. The jury found that the OB-GYN practice, the nurse midwife and Sarasota Memorial Hospital were negligent in the care of Shawna Pollock. The medical practice and nurse midwife were found by the jury to be liable for $4.5 million in damages and the hospital was found liable for $500,000 in damages, if the Pollocks had not lost their rights to sue for damages. In its $5 million verdict, the jury further found that Lauritano was negligent in his handling of the Pollocks’ interests, that the Pollacks did not freely and intentionally give up their right to seek compensation from the physicians and hospital and that Lauritano was liable for the loss they incurred. original article https://www.jaxdailyrecord.com/article/court-upholds-dollar5-million-malpractice-verdict-against-morgan-and-morgan