How the Lockdown Affected Custody Battles

a little boy and a little girl

One of the more peculiar aftereffects of the coronavirus pandemic was the alarmingly increasing rates of divorce. Yep: more people got divorced during the pandemic than they did otherwise. In fact, it is even expected that divorce rates will rise even further after the pandemic is over. A divorce boom—as the BBC puts it—is in order.

Well, we can’t blame them. But there’s always bad news with the good. And here, the bad news is this: custody battles.

And those were seriously affected by the lockdown.

Difficulty Navigating Visitation Rights

Physical distancing was right off the charts once the world went into lockdown mode. Parents who were living with joint custody had to face the greatest complications. Emergency motions, travel restrictions, even unemployment—all became ab eventual roadblock.

Many couples who have been living separately had to face the ultimate question as lockdowns began: do we still allow our spouse to exercise their visitation rights? Of course, it’s a right—and it would be quite wrong to disallow that right, right?

Continuing Litigation

a sad woman

If visitation rights weren’t already an issue, some were dealing with litigations in process. Spouses can now file ex-parte motions, stopping their ex or separated spouses from visiting their children on the grounds of contagion fears.

Issues for Healthcare Workers

Healthcare workers already have too much on their plate to deal with: they are dealing with COVID patients on the frontlines, are directly exposed to the virus, and have extended work hours.

Add drawn-out custody battles to the mix, and you have a series of unfortunate events on your hands. With healthcare workers facing custody battles, what makes it harder is the fact that their exes can easily file for ex-parte motions. The scales aren’t tipped in favor of healthcare workers, and that makes everything a lot worse than it already is.

Coronavirus or Control?

Many exes who have tried to take undue advantage of the whole situation have acted as if the reason behind their reluctance to go ahead was the coronavirus. But was it really? Is it about the coronavirus—or about control?

More often than not, it’s about the latter. In the pandemic, family lawyers have also witnessed a sharp rise in emergency custody motions. Most of these have emerged due to battles for control—because it’s often a fight for control, not for custody.

An Oklahoma-based worker lost custody rights to her children earlier in the pandemic due to the same reasons—coronavirus fears. Dr. Theresa Greene’s husband filed for an emergency custody motion when she began taking care of coronavirus patients. Eventually, she lost custody of her four-year-old daughter. She did appeal the motion—and that, of course, takes time and money, which not many can afford in these times.

Facing Custody Complications Due to Coronavirus?

The Law Offices of Ledwidge & Associates, P.C. extends Family Law Services Queens, Brooklyn and other parts of  New York. If you are in the Queens, Brooklyn, Manhattan, Long Island, and Bronx regions, you can reach out to us for legal counsel and help.

 

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