What if My Ex Isn’t Taking the Pandemic Seriously?

Most courts throughout the country have issued guidelines to parents with shared custody arrangements that they are expected to follow existing arrangements for custody and visitation to the fullest extent possible. Of course, being in a pandemic scenario poses a whole host of other challenges. If one parent isn’t taking the pandemic seriously and following public health guidelines, they put two households at risk when custody transfers occur.

So does one parent have any recourse at all if the other parent is not following quarantine guidelines?

What to do

The first thing you should do is communicate with your ex about your concerns and emphasize the importance of following the health guidelines, for all of your sakes (including your children’s). But communication may or may not be fruitful, depending on the state of your relationship.

There are a couple other steps you can take, if necessary:

• Mediation: You can schedule a mediation appointment to try to facilitate communication about the issue. Having a third party present to guide your conversation can be helpful in reaching a resolution.
• Motion of admonishment: If the issue becomes serious and your ex continues to completely flout pandemic safety guidelines, endangering you and your children, you can file a motion to seek an admonishment, which begins laying the groundwork for a possible change of custody. Before you take this step, it is crucial you have sufficient evidence of the other parent’s violations. The court will likely first re-emphasize the quarantine rules, and if the other parent then fails to follow the rules, you may be able eto pursue a change in custody. Keep in mind that the priority for these courts is to make sure the children are in a situation that is in their best interest, including one that protects their physical health.

For more information about dealing with an ex who isn’t taking proper pandemic precautions, contact an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.