856-428-8334
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054     $ Make a Payment
Adinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PAAdinolfi, Roberto & Burick, PA
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
    • Referrals
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
  • Practice Areas
    • Marriage Law
      • Same-Sex Marriage
      • Domestic Partnerships
      • Prenuptial Agreements
      • Palimony
      • Name Changes
    • Divorce & Separation
      • Equitable Distribution
      • Alimony | Spousal Support
      • Child Custody
      • Child Support
      • Remarriage, Alimony & Child Support in New Jersey
      • Family Law Appeals
    • Additional Areas
      • Domestic Violence & Restraining Orders
      • Child Protection and Permanency
      • Stepparent Adoption
      • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us

When Public Health Conflicts with your Custody Order

When Public Health Conflicts with your Custody Order

By Ronald Lieberman | Blog | 0 comment | 9 April, 2020 | 0

The health, safety and well-being of children and families remain my foremost consideration during the COVID-19 public health emergency.  This is an extremely difficult and stressful period for everyone. 

On the one hand, there is an existing parenting order.  There is a presumption that all orders should be respected and complied with.  More to the point, there is a presumption that the existing order reflects a determination that meaningful personal contact with both parents is in the best interests of the child.

On the other hand, the well-publicized directives from government and public health officials make it clear that we are in extraordinary times; and that our daily routines and activities will for the most part have to be suspended, in favor of a strict policy of social distancing and limiting community interactions as much as possible. 

Parents are understandably confused and worried about what to do.  Similarly, this is uncharted territory for our court system.  We all have to work together to show flexibility, creativity and common sense – to promote both the physical and emotional well-being of children.

None of us know how long this crisis is going to last.  In many respects we are going to have to put our lives “on hold” until COVID-19 is resolved.  But children’s lives – and vitally important family relationships – cannot be placed “on hold” indefinitely without risking serious emotional harm and upset.  A blanket policy that children should never leave their primary residence – even to visit their other parent – is inconsistent with a comprehensive analysis of the best interests of the child.  In troubling and disorienting times, children need the love, guidance and emotional support of both parents, now more than ever.  

In some cases, custodial or access parents may have to forego their times with a child, if the parent is subject to some specific personal restriction (for example, under self-isolation for a 14 day period as a result of recent travel; personal illness; or exposure to illness).

In some cases, a parent’s personal risk factors (through employment or associations, for example) may require controls with respect to their direct contact with a child.

And sadly, in some cases a parent’s lifestyle or behavior in the face of COVID-19 (for example, failing to comply with social distancing; or failing to take reasonable health-precautions) may raise sufficient concerns about parental judgment that direct parent-child contact will have to be reconsidered.  There will be zero tolerance by judges for any parent who recklessly exposes a child (or members of the child’s household) to any COVID-19 risk.

Transitional arrangements at exchange times may create their own issues.  At every stage, the social distancing imperative will have to be safeguarded.  This may result in changes to transportation, exchange locations, or any terms of supervision.

And in blended family situations, parents will need assurance that COVID-19 precautions are being maintained in relation to each person who spends any amount of time in a household – including children of former relationships.

Each family will have its own unique issues and complications.  There will be no easy answers.

But no matter how difficult the challenge, for the sake of the child we have to find ways to maintain important parental relationships – and above all, we have to find ways to do it safely.

Most of our social, government and employment institutions are struggling to cope with COVID-19.  That includes our court system.  But parents and lawyers should be mindful of the practical limitations courts are facing.  

If a parent has a concern that COVID-19 creates an urgent issue in relation to a parenting arrangement, they may initiate an emergency motion – but they should not presume that the existence of the COVID-19 crisis will automatically result in a suspension of in-person parenting time.  They should not even presume that raising COVID-19 considerations will necessarily result in an emergent hearing.  

      So my advice to my clients now is:

a.     The parent initiating an urgent motion on this topic will be required to provide specific evidence or examples of behavior or plans by the other parent which are inconsistent with COVID-19 protocols.   

b.   The parent responding to such an urgent motion will be required to provide specific and absolute reassurance that COVID-19 safety measures will be meticulously adhered to – including social distancing; use of disinfectants; compliance with public safety directives; etc.

c.     Both parents will be required to provide very specific and realistic time-sharing proposals which fully address all COVID-19 considerations, in a child-focused manner.  

d.   Judges will likely take judicial notice of the fact that social distancing is now becoming both commonplace and accepted, given the number of public facilities which have now been closed.  This is a very good time for both custodial and access parents to spend time with their child at home.

Everyone should be clear about expectations during this public health crisis.  Parents want judges to protect their children.  But with limited judicial resources and a rapidly changing landscape, courts need parents to act responsibly and try to attempt some simple problem-solving before they initiate urgent court proceedings.  

Judges won’t need convincing that COVID-19 public health emergency is extremely serious, and that meaningful precautions are required to protect children and families. Judges know there’s a problem.  Judges are looking for realistic solutions.  Judges will be looking to see if parents have made good faith efforts to communicate; to show mutual respect; and to come up with creative and realistic proposals which demonstrate both parental insight and COVID-19 awareness.

     In sum, please remember:

a.     The disruption of our lives is anxiety producing for everyone.  

b.   It is even more confusing for children who may have a difficult time understanding.  

c.     In scary times, children need all of the adults in their lives to behave in a cooperative, responsible and mature manner.  

d.   Vulnerable children need reassurance that everything is going to be ok.  It’s up to the adults to provide that reassurance.

e.     Right now, families need more cooperation.  And less litigation.

None of us have ever experienced anything like this.  We are all going to have to try a bit harder – for the sake of our children.

Ronald Lieberman, Esq. is a partner and shareholder with ALBFR&M in Haddonfield, New Jersey. He represents clients throughout NJ in matters focusing on divorce and family law. If you are facing unique issues due to the COVID-19 personal health emergency, our office is open and here to assist.

custody disputes, custody order, family law, new jersey divorce

Related Posts

  • Robert J. Adinolfi, Esq.

    Early Retirement and Alimony

    By Robert J. Adinolfi, Esq. | 0 comment

    Firefighters, police officers, correctional officers, surgeons and others in physically demanding careers often retire well before the traditional retirement age. If you pay alimony, that raises an important question: can you retire early, and whatRead more

  • High Net Worth Divorce New Jersey

    High-Net-Worth Divorce in New Jersey: Privacy, Preparation and Strategic Decision-Making

    By Thomas A. Roberto | 0 comment

    For a physician, chief executive, financial professional, public figure or business owner, divorce can create concerns that go well beyond the end of the marriage. How will sensitive financial information be handled? Will the disputeRead more

  • business valuation divorce new jersey

    What Happens to a Medical Practice or Closely Held Business in a New Jersey Divorce?

    By Thomas A. Roberto | 0 comment

    For a physician, entrepreneur, partner or closely held business owner, divorce can affect much more than personal finances. It can raise questions about the value of the practice, ownership rights, cash flow, professional goodwill, businessRead more

  • Executive Compensation Divorce New Jersey

    Divorce and Executive Compensation in New Jersey: Protecting Stock Options, Bonuses and Deferred Income

    By Thomas A. Roberto | 0 comment

    For corporate executives and other highly compensated professionals, income is rarely limited to a regular paycheck. Annual bonuses, restricted stock units, stock options, deferred compensation, carried interests, partnership distributions and long-term incentive plans may representRead more

  • Are you really going to take half of my jewelry?

    Are you really going to take half of my jewelry? – NJ Equitable Distribution

    By Julie R. Burick, Esq. | 0 comment

    When a marriage ends, one of the more surprising questions clients ask is about gifts: Can my spouse really claim half of the jewelry they gave me? In New Jersey, the answer is often yes,Read more

Leave a Comment

Cancel reply

You must be logged in to post a comment.

Adinolfi, Roberto & Burick, P.A.

Located in Mount Laurel, New Jersey, Adinolfi, Roberto & Burick, P.A. is one of the largest family law firms focused on Divorce and Separation • Military Divorce • Same-Sex Marriage and Domestic Partnerships • Domestic Violence & Restraining Orders • Mediation & Alternative Dispute Resolution (ADR) • Palimony• Prenuptial Agreements • Matrimonial Appeals

Attorney Advertising

Adinolfi, Roberto & Burick, P.A. is responsible for the content of this website. The information presented on this site is for general information only and should not be construed as formal legal advice nor the formation of a lawyer/client relationship. No aspect of this website has been approved by the Supreme Court of New Jersey.

Contact Information

P: 856-428-8334
F: 856-428-8779
8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054
  • Make a Payment
  • FAQ
  • Privacy Policy
  • Terms of Use
© 2026 Adinolfi, Roberto & Burick, P.A. All rights reserved.
  • Firm Overview
    • Why Our Firm
    • Firm News
    • Community Outreach
    • Frequently Asked Questions
  • Attorneys
    • Robert J. Adinolfi
    • Thomas A. Roberto
    • Julie R. Burick
    • Ryan Foran
    • Jessica Carosiello
  • Practice Areas
    • Divorce & Separation
    • Marriage Law
    • Domestic Violence & Restraining Orders
    • Stepparent Adoption
    • Child Protection and Permanency Matters
    • Children with Special Needs or Autism
    • Divorce Mediation & Alternative Dispute Resolution
  • Blog
  • Contact Us
    • Referrals
Adinolfi, Roberto & Burick, PA