Shared Joint Custody in a Pandemic

In normal years the start of school would be right around the corner. In abnormal years, like 2020, school, and how safe school is taught, has evolved into a contentious topic. Dependent on the locality you live in, your child may have already returned to school. In other states your child’s school may have decided to go fully virtual. And yet in other areas of the United States, there may be a hybrid model to educate children in the Fall of 2020. But what happens if the exact approach of how to go about educating students has conflicting opinions with parents that hold shared custody?

While one parent may feel that their child needs to go to school, the other parent is reluctant to send their child back to school during a pandemic. How are these cases resolved?

If one parent has sole or primary custody of a child, that parent can ultimately be the tipping factor if the two parents disagree on the best path moving forward. But when both parents are awarded 50/50 joint custody, the water begins to get murky.

So Who Gets to Make the Decision if Parents Share Custody & Have Differing Perspectives on Schooling?

Since both parents share equal custody the final decision may be left up to the court systems. There is minimal precedent for cases like this in the United States, but one can expect the fallout from parents disagreeing on this matter to trickle into the respective court systems. However, with the courts inundated by court cases and closures as a result of COVID-19, these cases could take months to iron out in the state of Florida.

If one parent is high risk and the other is an otherwise healthy individual, the high risk parent has a legitimate concern about their child attending school. Many working parents want their children to return to school. While on the contrary, other parents do not want to send their children to school out of concern for their children’s health along with their own and family’s.

Although each state has their own state laws, the answer to that question will more than likely be left up to the court systems. A family attorney in Iowa recently discussed this topic. He touched bases that when both parents share 50/50 custody, the debate may ultimately be left up to a judge that decides the best education plan for a child or children.

If parents that have split child custody, stand on opposite spectrums, do not leave the decision to the child. The child, or children, may have short-sighted goals and may not take into account the long-term potential impacts of being exposed to COVID-19 (information on the long-term effects of COVID-19 are still being researched).

So If the Case Goes to Court What Happens in the Short-term?

Currently there is limited precedent to discuss how this will go about in the short term. A mediation attorney can help create a path, or private tutors and educators can be called to help with educating the child in question.

This pandemic has brought to light several issues with shared custody and the best path to educate children in the setting of a pandemic. If you and your former spouse are on opposite sides of the spectrum, it is a good idea to contact a Florida family law attorney. With the vast amounts of backlogged cases currently inundating the court systems, a heterogenous conflict involving schooling for children could take months to resolve. A family lawyer can help mediate a resolution between the different parties to establish a short-term plan.