Since the outbreak of the Coronavirus (Covid-19) several months ago, family
law courts have been asked to weigh in on the question of whether or not
the shelter in place mandates, and specific health and safety concerns
parents have override their existing time sharing orders.
In what appears to be an attempt to avoid an avalanche of Emergency Motions
to Temporarily Suspend Time Sharing, local Family Law Courts in St. Johns,
Putnam, Flagler, Clay and Duval Counties have preemptively offered their
opinion that transportation and even time sharing itself falls under the
category of allowed Essential Activities.
However, this issue appears far from resolved. Just this week a Miami area
judge granted a father’s motion to temporarily suspend the mother’s
time sharing with their 4 year old daughter. In the case, which is making
national headlines, the judge entered the order due to the mother being
an ER Doctor who treats people infected with coronavirus. The case, while
controversial, does help define the arguments on both sides of this debate.
People who support the decision cite the health risks of a child being
around a front line responder. People who oppose the decision point out
that many children are around their front line responder parents; but
that just because these particular parents are not together the mother
is treated differently. The reality is that each judge is required by
law to determine what is in the best interest of each child given the
circumstances of each individual case. By bringing their specific case
in front of a judge, the Miami parents received an unique order on their
If you, or someone you know, have children and are concerned with how the
coronavirus may affect your time-sharing arrangement, or you have concerns
with the health and safety of your children due to time-sharing with your
ex, contact Albaugh Law Firm today for a free consultation. We are here
to help you protect what matters most: your family, your finances, your freedom.