COVID-19 & Modifying Child Custody Agreements

Many families have adjusted their lives during the COVID-19 crisis to accommodate the demands of virtual learning for children and parents working from home.  We hear from our clients that parents are dividing their custodial time differently to accommodate the unique demands of life during the pandemic. For many of our family law clients, these adjustments represent informal agreements and are not necessarily “to the letter” of an existing custody order.

Additionally, many children have not utilized childcare, which was accounted for as part of either or both parents’ child support obligations. This, in turn, has caused child support payments to overcompensate for expenses not actually being incurred by a child in some cases.

When to Modify Child Custody Agreements

Many clients feel that discussions on these matters should be put on hold until we emerge into a post-COVID-19 world. However, creative and cost-effective drafting to modify existing agreements can account for the changes in circumstance due to COVID-19.  These agreements can establish alternative schedules and child support amounts, even on a temporary basis. This flexibility may offer families relief.

We also hear from clients that a silver lining of COVID-19 is finding a “new normal” which works better and should become permanent in a post-COVID-19 world.  This may warrant review and modification of your existing support and custody agreement on a more permanent basis.

If you have questions about custody, please contact Jane Rodgers at jrodgers@bulmandunie.com or Meg Rosan at mrosan@bulmandunie.com. The team at Bulman, Dunie, Burke & Feld is here to help.