We hope this is a once in a lifetime scenario: schools are closed, daycare facilities are closed, businesses are laying people off and closing their doors. The list goes on.
It is difficult to navigate this uncertain and unprecedented situation; there are more questions than answers. In this post we briefly address a few questions that we have been receiving for ongoing divorce and child custody cases.
- Q: Will my scheduled hearing be canceled?
- As our society continues to work towards containing the spread, the Virginia Supreme Court has ordered circuit and district courts to continue non-essential/non-emergent hearings. Most cases set between between now and April 26 will be rescheduled--including most divorce and child custody/visitation matters*.
- *Emergency custody hearings, abuse and neglect cases, and protective orders may continue to be heard. Here is a link to the Supreme Court's Order, which you should review. We strongly advise you to check with your jurisdiction to verify the status of your case.
- If you already have an attorney, reach out to them; if you do not, we would recommend speaking with an experienced divorce and family law attorney regarding your specific circumstances.
- Q: How can I resolve disputes that arise before the Courts will hear my case?
- This is a very common concern, and a difficult question. The short answer is: compromise. We are all in unfamiliar territory, and we should work towards fair and reasonable resolutions whenever possible. Use the Golden-Rule and remember that how you handle disputes right now can help/hurt your cause if you ultimately end up in front of a judge down the line.
- It is also important to note that courts are technically open, despite hearing limited cases during this “shutdown”. You may still be permitted to file pleadings/motions with the Court in order to take steps towards judicial relief. You should check the current protocol in your jurisdiction and also speak with an attorney to determine how best to proceed.
- Q: Since school is technically over until next semester, should our summer visitation schedule start immediately?
- Another common, complicated question without a clear answer, unless somehow your Order is very specific regarding what should happen if school lets out early (unlikely).
- Again, this is unfamiliar territory. Visitation language is not constructed to account for unknown and unexpected catastrophes, and as such there is likely to be valid arguments on both sides of this question.
- As noted above, if you can reach a fair compromise, great. Communicate with each other; co-parent.
- Q: I am the primary custodian for my child. Should I keep my child at home and deny visitation to the other parent until the coronavirus crisis passes?
- We cannot advise our clients to disregard an existing Court Order and we reiterate how important communication and co-parenting is at this juncture.
- Both parents should recognize the value of limiting exchanges/transportation for their children to maintain social distancing and minimize exposure. Additionally, both parties should be considerate of unique circumstances that might heighten the risks (one parent’s immune-deficiency, for example).
- That being said, the crisis should not necessarily be viewed as a means of withholding contact from the other parent. Again, it is important to practice reasonable judgment and work towards a mutual resolution.
If you would like to speak with an attorney to address questions about your case, please give BoykoNapier a call today at 804-658-3418, or you can contact us via email.
