If you are a divorced parent, you are most likely very concerned about what will happen with your child custody terms in the midst of the coronavirus. Though these terms are made legally binding in court, if you believe your child may be in danger if you abide by those terms, there are several things you can do to help ensure you and your child’s safety. Please continue reading and reach out to our experienced Bergen County family law attorneys to learn more about how we can help you through the legal process going forward.
What happens if I do not want to drop my children off my former spouse’s house if he/she lives in a town infected by the coronavirus?
The first thing you should do is try and speak with your former spouse directly. If you call your ex and explain your concerns, he/she should understand and allow you to keep the children until the virus subsides in his/her area. That being said, you may find that your spouse refuses to allow that, and demands you deliver your children according to your initial child custody agreement.
We understand that of course, it can be tempting to simply refuse to drop your children off in an infiltrated town, especially since you are only looking out for your child’s best interest. However, this can result in serious legal penalties, and may negatively affect your child custody agreement in the future. Though it may be difficult, we find the best way to convince your spouse that you should keep the children through the remainder of the outbreak is simply by showing them various facts and official information provided by the World Health Organization, CDC, and otherwise.
If your ex still does not budge, then you should hire an attorney who can file an Order to Show Cause with the New Jersey court system to schedule an emergency hearing. Unfortunately, to be granted an emergency modification, you will have to prove to the court that there will be “immediate, inimical and irreparable harm” to your child. That is why it is always best to have an experienced family law attorney on your side who can quickly gather the proof needed to protect you and your child from the virus.
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.