June 1, 2023


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Answering Your Questions About Custody and Health Concerns

4 min read


Navigating custody agreements at any time can be difficult and bewildering. The COVID-19 pandemic has impacted and intricate several features of our daily lives and brought to light quite a few problems you may possibly working experience when sharing custody of your kid. 

custody and health concerns

We normally get concerns from consumers who are confused as to what their legal rights are concerning safeguarding their kids when it arrives to wellbeing and wellness problems. Our family law team can provide responses to some of our widespread-obtained queries, and be confident to get in touch with us if you have more queries!

Issue: We have a court docket buy, but I know my ex isn&#8217t becoming safe and sound about COVID or other wellbeing concerns. Can I withhold my child?

It’s understandable for any parent to be concerned about the well being and basic safety of their boy or girl, particularly through a pandemic, and sensation like your child’s other father or mother is not getting the vital precautions to maintain your child secure and healthy can be frustrating. 

Even so, the point out of North Carolina does not take into account COVID-19 worries by yourself to be a viable justification to deny a dad or mum access to their baby. According to tips introduced in 2020 at the start off of the pandemic by the North Carolina Household Court docket Advisory Fee, “the distribute of COVID-19, in and of alone, is not a motive to deny parenting time” since parents are viewed as healthy to make choices about “the day-to-working day factors of parenting while the youngster(ren) are in their care” including social distancing, vacation, masking, and handwashing.  

If you have any problems relating to the precautions your child’s father or mother is or is not using to preserve them risk-free from, COVID, it is highly advisable that you attempt speaking this with them. Any modifications to your parenting prepare or visitation schedule also need to have to be mentioned in depth and agreed upon by both equally moms and dads in advance of remaining enacted. 

If your court purchase prevents immediate get hold of with your child’s other parent, it is significant to keep communication through other signifies, these as by your attorneys, in regards to the wellness and care of your child for the duration of the pandemic.

You are also encouraged to have a strategy in position with your child’s other mother or father on how to move forward if another person- regardless of whether you, the other dad or mum, your child, or someone in direct contact with you- gets ill with COVID-19 and requirements to quarantine. 

If you have problems about your child’s security in relation to the COVID-19 pandemic, we are joyful to assessment your parenting prepare with you and go over your options. 

Problem: Which mother or father receives the ultimate say on vaccines?

As a mother or father, you undoubtedly want to do everything you can to defend your child from hurt and hold them in their most effective overall health. You might be contemplating a COVID-19 vaccine as a implies to do this, but if you have the electrical power to make that determination depends on your custody order. 

If just one dad or mum has court docket-founded authorized custody of the child, they maintain the energy to make conclusions for the child about overall health care, education, faith, and their common wellbeing. In this case, the mum or dad with authorized custody would have the last say relating to no matter whether your boy or girl will get vaccinated or not.

If you have a joint-custody agreement- the place your youngster maintains a residence at each and every of the parents’ homes and spends a considerable volume of time with each and every dad or mum- then neither dad or mum must have legal precedence above the other when it comes to earning conclusions concerning your baby. In scenarios the place mom and dad have joint custody, it’s generally most effective to have a parenting arrangement or court get in area that establishes 1 father or mother as possessing legal custody above conclusion-building for wellbeing-relevant matters. 

If no prior arrangement is in area in situations with joint custody and the mom and dad can’t appear to an arrangement pertaining to vaccinating the little one, you will most very likely have to go to court docket and let a judge to rule for or in opposition to vaccination.

SeiferFlatow can guidebook you

Comprehension baby custody laws can be bewildering, even in precedented occasions. If you are hoping to navigate custody by means of unprecedented events like a pandemic, you want an expert spouse and children legislation lawyer at your aspect. At SeiferFlatow we are intently monitoring all developments and improvements in law because of to the COVID-19 pandemic, and our family legislation group will guidebook you by way of them. Call our business office to agenda a consultation and get the steering you need.

The write-up Answering Your Thoughts About Custody and Well being Issues appeared initially on SeiferFlatow, PLLC | Charlotte Attorneys.


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