Can the Coronavirus affect custodial rights? How Divorce and Parenting Time may be impacted.

If you currently have a custody or placement order, that order remains in effect. It trumps the Safer at Home order. This is because travel to transport your children under a custody order is considered “essential travel”. Thus, you cannot disregard the order unless there are circumstances where you cannot keep up with the order. In this case, you must do your best to communicate with your partner and come up with solutions that will work for you both.

How to Co-parent during the Coronavirus pandemic

Communication and co-operation are very important during this period. You must do your best to be open with the other parent and work as a team. Talk through your concerns with a mind that is open to new arrangements. Reduce fault-finding and focus on the bigger picture – getting your family through the pandemic. Both of you should work together to come up with custody arrangements that will accommodate the concerns and interests of you both.

Can I expect divorce rates to rise after coronavirus?

The short answer to this is Yes.You can expect divorce rates to rise after coronavirus. Divorce lawyers have identified their peak times as periods after long exposure during the summer and Christmas holidays. This is because, in relationships where problems already exist, more time spent in self-isolation increases the chances of those problems putting more strain on the relationships. The pandemic also brings with it feelings of uncertainty around money, employment, and health. These uncertainties, in addition to the preexisting strain, are bound to create a ‘pressure cooker waiting to blow’ situation.

Can I proceed with a divorce if a stay at home order is in effect?

The general answer is Yes, you can proceed with a divorce if a stay at home order is in effect. However, the specific details of your circumstances are important. If you are yet to file for the divorce and currently living with your spouse, you may need to consider the timing of the filing. If you had started the divorce process before the stay at home order, it will proceed, albeit a bit slower during the stay at home period. You will need the services of a family law attorney in your area that can help you understand your situation better and give you more specific legal advice.

Should my Custody Order be Temporarily Adjusted During the Coronavirus Pandemic?

Your custody order does not have to be adjusted during the coronavirus pandemic – unless there is a serious need to do so. This is because while there is a stay at home order in place, your custody trumps the stay-at-home order. Therefore, adjusting your custody order may be frowned on by the courts – except in extenuating circumstances. In these circumstances, it is important to get your ex-spouse on the same page as you. It is also important to document whatever concessions and changes you make and keep hard copies of them.

Will I be Able to Meet With my Divorce Attorney During the Coronavirus Pandemic?

At the law office of John F. Zeckel, we will be happy to meet with you during the coronavirus pandemic. We understand how extremely important it is to have a relationship with you that is built on trust. We also understand that you may need to discuss some sensitive issues with us and that it is easier to do so in person. However, to make a physical meet work, please understand that we would have to screen you to determine any risk of exposure to COVID-19. We will also have your attorney screened to limit your chances of exposure too.

Facing Child Custody Concerns During the Coronavirus Pandemic

Child custody concerns during the coronavirus pandemic are understandable. With the need to maintain a high level of hygiene and social distancing, the logistics of child custody can be a difficulty. The desire to keep your child where you are sure is safe is almost overwhelming. However, you have to be careful not to deny the other parent their fair share of time with the children. Discussing things with your ex-spouse and working as a team to come up with solutions that work for you is guaranteed to help make things easier.

How Can I Keep My Child Safer With a Co-Parent in the Medical Field During COVID-19?

First off, you need to understand the COVID-19 pandemic should not be used as a weapon to restrict your ex-spouse’s access to the children. However, you and your medical field ex need to agree that the child cannot spend time with them for the time being. You can both work together to keep communications between the child and parent open through virtual relations. The child can have share phone calls, texts, and emails with the parent. Also, you can schedule video calls with the medical parent so that some form of face time is accomplished.

Does a Lockdown or Stay-At-Home Order Affect My Custody/Possession Schedule?

No, a lockdown or stay-at-home order cannot affect your custody or possession schedule. You and your ex-spouse are expected to keep the schedules outlined in your custody agreement. However, the custody agreements had been drafted in a time that was coronavirus-free. With the pandemic whipping across the globe, you and your ex are expected to work together and come with scenarios that would ensure the safety of everyone, while allowing each parent have as much time with the children as possible. Be sure to document whatever changes you both agreed to.

What If the Other Parent Is in Another State? Can I Still Exercise Time With the Kids?

Having your child travel across state lines to go and see your ex-spouse can be a bit difficult in these times. However, as most courts state that the possession schedule should not change, COVID-19 notwithstanding, you have to be innovative about this. If the child would have normally taken a flight to see your ex, you might consider driving down to exchange custody. If the other parent is in a state where the entry has been restricted, you can consider having the child spend virtual time with the other parent for this period.

Child Custody Lawyer Menomonee Falls | Law Office of John F. Zeckel, S.C.

Name: Law Office of John F. Zeckel, S.C.
Address: N88W16551 Main St, Menomonee Falls, WI, 53051, US
Telephone: (262) 255-2050
Price range: $0

Dedicated Child Custody Attorney Advocating for Menomonee Falls Parents

children playing with a puzzle Divorce is always more complicated and oftentimes more emotionally fraught if children are involved. Deciding where a child resides and whether both parents will have visitation can be difficult for all parties to agree upon. Thus, this is the most critical portion of any divorce case. Attorney John F. Zeckel understands the magnitude of this decision and will listen carefully to your legal wishes and zealously advocate for your position.

How is Child Custody & Support Determined in Wisconsin?

If you and your spouse cannot mutually agree upon a custody and visitation agreement and schedule, a Wisconsin court will do so for you. The state assumes liability for ensuring this decision is made in the best interests of the child or children in question. Once custody is determined, the amount of child support owed will be based on the placement of the children. These payments are intended to help or assist the parent that has been awarded custody of the children pay for their care, such as basic necessities, medical care, educational costs, and more.

Our Comprehensive Child Custody & Support Services

Our firm handles all types of custody and support matters for our valued clients, including:

Custody Disputes
If you are currently in the middle of a heated child custody dispute, you are not alone. Throughout the state, many couples filing for divorce find themselves in a tricky situation regarding child custody. Our firm will guide and assist you in resolving custody and placement issues either during a divorce or in a post-divorce setting through mediation or in court.

Fathers’ Rights
Many fathers facing divorce or a paternity issue are concerned as to whether their parental rights will be protected and how the child custody case will conclude. If you are a father engaged in a situation such as this, you will need an attorney who is well-versed in this area of the law and who can assist you in understanding the complexity of the legal issues involved. We will tirelessly advocate for you and your paternal rights.

Grandparent Rights
As a grandparent with a son or daughter going through divorce, you may have rights to visit your grandchildren. In special circumstances, you may even have the right to pursue custody of your grandchildren if you believe that neither parent is fit to care for the children or meet other specific legal criteria. We can help you assert visitation rights and/or establish legal guardianship of your grandchildren.

Mothers’ Rights
If you are a mother filing for divorce, you may have concerns regarding the custody of your children and child support payments. If the court designates you as the primary care giver, the court will award child support to you. This child support is meant to help you provide for your children’s needs. It is predicated on the time you have placement of your children, your financial circumstances, and other important factors.

Relocation of a Child
Once a divorce is granted, generally the court will not modify the custody or placement orders for a period of at least two years. Both parents are expected to abide by the court orders in place or face legal repercussions. Should either party wish to relocate from the state of Wisconsin, they must seek court approval to do so.

Types of Child Custody
Generally the courts favor issuing a joint custodial order so both parents have some input regarding their children’s education, healthcare, and religion. The courts typically do not favor sole legal custody unless the parties cannot communicate effectively regarding those issues or there is a history of problems on the part of one parent.

Post-Divorce Custody Disputes
Once custody and placement orders have been issued by the court, they may not be changed for a period of two years unless there is irreparable harm being done to the child or children. After two years, the moving partner must show a substantial change in circumstances to be successful in changing the current court order.

Don’t Attempt to Tackle This Issue Alone!

We know you are acutely aware of just how high the stakes are when it comes to the care of your children. If there was ever a time in your life to secure high-quality legal representation, this is it. Attorney John F. Zeckel, S.C. has over 30 years of experience helping families navigate this difficult process and can do the same for you and your children.

The Law Office of John F. Zeckel, S.C. provides effective legal representation to clients who are facing divorce and child custody issues in Menomonee Falls, Waukesha County, Washington County, and throughout southeastern Wisconsin. Contact our firm today at (262) 255-2050 to schedule a free consultation with an experienced lawyer.