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Divorce Lawyer Joanne Kleiner

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Child Parenting Time

Aug 29, 2026

Building a Parenting Plan for a Child With a Disability

A parenting plan for a child with a disability must do more than divide weekdays and weekends. The plan may need to support therapy, medication, equipment, school services, safe travel, and a steady daily routine. It should also leave room for the child’s needs to change. Parents can reduce stress when the plan turns important care details into clear, workable terms.

No two children need the same plan. A child’s disability may be physical, sensory, intellectual, developmental, or related to mental health, and some disabilities are not visible. The child may need extensive daily support or only a few focused accommodations. The plan should grow from the child’s actual life rather than a standard custody schedule.

Begin with a shared care picture

Each parent should have access to current information about diagnoses, providers, medication, school supports, and daily care. A simple written summary can list the child’s routines, warning signs, communication methods, allergies, equipment, and emergency steps. It can also identify what helps the child manage transitions or sensory stress. This shared picture allows the parents to discuss custody from the same set of facts.

Parents may understand the child differently because they see the child in different settings. One may handle most medical visits, while the other sees how the child responds to sports or sibling time. Both views can add value when they are supported by observation and records. The planning process should create a safe way to share information without turning expertise into a contest.

Professionals can help explain the child’s needs, but they should not be placed in the middle of parental conflict. A doctor, therapist, teacher, or care coordinator may provide records or recommendations within the proper limits. The parents and their lawyers can decide how that input will be gathered. Clear consent forms and communication rules can protect privacy while keeping each parent informed.

Design a schedule the child can use

A schedule that looks equal on a calendar may not feel stable to the child. Frequent exchanges may interrupt sleep, therapy, school transportation, or a needed routine. On the other hand, long gaps from either parent may harm an important bond. The best plan weighs continuity, meaningful time, and each household’s ability to meet the child’s needs.

Travel deserves a detailed review. Consider the distance between homes, the length of each ride, accessible transportation, and how the child handles traffic or changes in route. The exchange site should be safe and practical for mobility equipment or other supports. If a specialized car seat or device must travel, the plan should say who maintains it and how it moves between homes.

Transitions can be made more predictable. Parents may use the same short routine, visual schedule, comfort item, or communication tool in both homes. Exchange times can avoid therapy, medication windows, or periods when the child is usually tired. A small amount of consistency can lower distress without requiring the two homes to operate in exactly the same way.

Address health care in plain language

The plan should identify how major medical decisions are made under the custody order. It can set a process for scheduling routine appointments, sharing reports, and notifying the other parent about urgent care. Both parents may need portal access and provider contact information. If one parent usually attends visits, that practical role need not shut the other parent out.

Medication terms should be specific enough to keep the child safe. The parents can list who obtains refills, how doses travel, where instructions are stored, and what happens after a missed dose. They should follow the prescriber’s directions rather than create their own competing rules. A medication log may help when a child cannot reliably report what was taken.

Equipment can require similar planning. Wheelchairs, communication devices, braces, feeding supplies, or monitoring tools may be costly and difficult to move. Some families need duplicate items, while others can create a careful transfer routine. The agreement can cover maintenance, insurance claims, replacement, and notice if something stops working.

Connect the custody plan with school and services

Education decisions may involve evaluations, individualized services, placement, transportation, and meetings. The plan can state who receives notices, who may attend meetings, and how the parents will exchange school records. It should also set enough lead time for discussing a proposed change. A last-minute demand is hard to evaluate even when the proposal may benefit the child.

Parents can include a method for handling homework, assistive technology, and therapy exercises across homes. The goal is not to make either parent act as a clinician. It is to support reasonable continuity and avoid conflicting instructions. Written guidance from the child’s professional can help both households follow the same basic approach.

Disability rights can shape the services a child receives outside the custody case. The U.S. Department of Justice explains that the ADA protects people with qualifying disabilities from discrimination in many areas of life, including state and local government services. A custody agreement does not replace the child’s rights or the procedures used by a school or agency. It can, however, identify which parent handles forms and how both parents take part in decisions.

Plan for communication that serves the child

Parents need a reliable way to report health changes, difficult behaviors, school notices, and successful strategies. A shared app, secure calendar, or short care log may work better than scattered text messages. The plan can state what information must be sent right away and what belongs in a weekly update. It can also set a respectful response time for nonurgent questions.

Communication should describe what happened without blaming the other home. A note that states the time, symptom, action taken, and provider advice is more useful than a charge that someone “always ignores” a problem. This style gives the receiving parent information to act on. It also creates a clearer record if the plan later needs review.

The child’s own communication needs matter as well. A child who uses a device, signs, or has limited speech may need the same tools in both homes. Neither parent should block the child’s normal way of communicating with the other parent. The plan can preserve reasonable contact while respecting the child’s attention, fatigue, and routine.

Divide costs and administrative work

Direct care costs may include insurance, copays, therapy, equipment, transportation, respite, and home changes. Parents should identify which expenses are already addressed by support or insurance and which require a separate process. They can set rules for advance agreement, emergencies, receipts, reimbursement, and benefit payments. Vague cost terms can become a source of conflict even when both parents support the service.

Administrative work has value too. One parent may spend many hours arranging appointments, speaking with school staff, ordering supplies, or completing benefit forms. A parenting plan can divide those tasks based on skill and availability. It should still provide enough transparency for both parents to understand the child’s care.

Public benefits and private insurance may have their own eligibility and reporting rules. Parents should not assume that a custody label or tax agreement controls every program. A financial or benefits professional may be useful when a proposed change could affect coverage. Coordinating advice can prevent an avoidable gap in services.

Prepare for emergencies and change

An emergency section should be short and easy to use. It can list when to call emergency services, which hospital or provider to contact when a choice exists, and how quickly to notify the other parent. Each home should have current insurance information, medication lists, and emergency contacts. The child’s safety comes before debate about ordinary notice rules.

The agreement should also recognize that needs change. A child may gain skills, require a new service, enter a different school, or become less able to tolerate travel. Parents can set regular review dates and identify the records they will consider. A review clause supports adjustment without treating every change as a custody crisis.

Some families can revise a plan through direct discussion, mediation, or collaborative law. Others may need counsel-led negotiation or court action when safety, disclosure, or decision-making remains disputed. The process should match the family’s level of conflict and the urgency of the child’s needs. A negotiated plan is valuable only if it is clear and safe enough to follow.

A detailed plan can fit within the wider Pennsylvania custody and family-law framework while remaining personal to the child. It can protect routines without freezing the family in place. It can also respect both parents’ roles without pretending every task must be divided in the same way. The strongest terms focus on care, communication, and realistic follow-through.

Create a parenting plan around your child

The Law Office of Joanne E. Kleiner helps families in Montgomery, Bucks, and Philadelphia Counties build thoughtful custody terms for children with complex needs. The firm can help parents explore mediation, collaborative law, settlement, or court when needed, with attention to the child’s daily life and future. To schedule a consultation, call 215-886-1266.

Aug 28, 2026

When Divorced Parents Disagree About Their Child’s School

A school choice can shape a child’s daily routine, friendships, services, and travel time. When divorced parents disagree, the dispute may also reopen old conflict about where the child lives or who has the stronger voice. The best response is to pause and identify the decision that must actually be made. A focused process can protect the child from adult pressure while giving both parents a fair chance to be heard.

Some disagreements concern a move from public to private school. Others involve a new school district, religious education, cyber school, home education, special services, or a program for a gifted child. Parents may agree on the child’s needs but differ about cost or travel. They may also see the child’s experience in very different ways.

Read the custody order before taking a position

A Pennsylvania custody order may grant shared legal custody, sole legal custody, or another arrangement shaped to the family. Legal custody concerns the right to make major decisions for the child, including important educational choices. Physical custody concerns where the child lives and spends time. A parent should not assume that more overnights always create the final say on school.

The order may contain direct school terms. It could name a school, set a district based on one parent’s address, divide tuition, or require consultation before a change. It may also provide a way to resolve disputes, such as mediation or work with a parenting coordinator when permitted. Reading the exact language prevents the parents from arguing about a power that the order has already assigned.

If the order is unclear, the parents can examine the agreement or court findings that led to it. Past practice may also help explain how they handled major decisions. Still, an informal habit does not necessarily amend a written order. Legal advice can clarify what the current terms require before either parent withdraws or enrolls the child.

Define the real school question

“Which school is better?” is too broad to guide a useful discussion. The parents should list the concrete choices, the decision deadline, and the information still missing. One proposal may be the current neighborhood school, while another is a private program that requires an application and tuition. A side-by-side comparison makes the dispute easier to solve.

The review can cover curriculum, class setting, services, school climate, distance, transportation, schedule, cost, and the child’s adjustment. It should also examine how each option fits both custody households. A school that works well from one address may create a long trip from the other. Attendance and punctuality should not depend on a plan that the family cannot sustain.

Parents should separate facts from fears. A school tour, written program details, report cards, attendance records, and input from teachers can offer better evidence than online rumors or neighborhood comparisons. If the child has health, learning, or emotional needs, records from qualified professionals may also be relevant. The aim is to understand this child, not to declare one type of school best for every child.

Keep the child out of the contest

A child may have useful observations about a school, but the child should not be asked to choose between parents. Questions such as “Tell the judge where you want to go” can create fear and divided loyalty. Parents can instead ask open questions about learning, friends, stress, and support. They should listen without promising that the child will control the final result.

The child’s age and maturity can affect how much weight adults give the child’s views. A teenager who takes part in a special program may offer information that a young child cannot. Even then, the parents remain responsible for the decision. A child’s stated preference is one part of the picture, not a tool for winning the dispute.

Adult communication about school should stay away from the child whenever possible. Parents can use email, a shared calendar, or a parenting app to exchange documents and deadlines. Messages should be brief, factual, and tied to the decision. A written record can also reduce later arguments about what was proposed or when information was shared.

Try a structured path to agreement

The parents can begin with a short written proposal from each side. Each proposal should state the preferred school, reasons tied to the child, estimated costs, transportation plan, and response to known concerns. A deadline for exchanging documents keeps the process moving. This approach is more productive than a long chain of reactive messages.

A meeting with a neutral mediator can help parents identify common ground. They may both value safety, stable friends, support for reading, or access to activities, even if their first choices differ. The mediator does not decide which parent is right. The process helps the parents test options and create terms they can both accept.

Collaborative law can provide a broader team process when the school issue is connected to relocation, support, or a larger custody change. The parents and their lawyers may bring in a child specialist or financial neutral if that would help. Direct negotiation through counsel is another option. The right process depends on the level of trust, the deadline, and whether both parents are sharing information.

Build practical terms, not just a school name

An agreement should explain enrollment and withdrawal steps, not merely name the chosen school. It can state which parent completes forms, how both parents receive records, and who attends meetings. It may also address transportation, school supplies, devices, uniforms, and activity costs. Clear duties reduce the chance that a settled choice becomes a new fight.

Private-school tuition requires special attention. The parents may need to decide how tuition, deposits, fees, and financial aid will be handled. They should also plan for future increases and state what happens if a parent cannot or will not pay. A school contract may bind the parent who signs it even if the custody agreement divides the cost in another way.

A trial period can work in some situations. The parents might agree on a school for one academic year and set a review date based on attendance, progress, services, and the child’s adjustment. The standards should be specific enough to guide the review. An open promise to “revisit later” may only delay the same conflict.

When court action may be needed

If shared legal custodians cannot agree, either parent may ask the court for relief. The required filing and procedure depend on the existing order and the relief requested. The Unified Judicial System of Pennsylvania notes that custody cases follow statewide and local court rules, and it provides forms that include a petition to modify a custody order. Filing the right request in the right county is important, especially when a school deadline is near.

A court deciding custody issues focuses on the child’s best interests under Pennsylvania law. The judge may consider safety, stability, parental cooperation, each parent’s duties, the child’s needs, and other relevant circumstances. School quality may be part of the evidence, but rankings alone do not decide the case. The court needs a complete view of how each plan would affect the child.

Evidence should connect the proposed school to the child’s actual needs. Useful material may include the current order, school records, program information, transportation plans, cost records, and communications showing efforts to reach agreement. Witnesses should have direct knowledge rather than repeat community opinions. Organized evidence helps the court understand the real choice without sorting through unrelated marital grievances.

Parents should not wait until the first day of school if they know a dispute is coming. Courts need time to follow required procedures, and the other parent must receive proper notice. Acting early also leaves room for settlement before a hearing. A lawyer can assess whether negotiation, mediation, or a court filing matches the urgency.

Plan for future education decisions

Resolving one enrollment does not end every education question. Children change schools, programs, and needs as they grow. A parenting plan can set a yearly date for reviewing placement, a method for sharing records, and steps for discussing a proposed change. It can also identify who has access to school portals and who may speak with teachers.

Good terms respect both legal rights and daily reality. Each parent may need prompt notice of conferences, testing, discipline, and service meetings. Both households should support homework and attendance in ways suited to their schedules. A stable information system can matter as much as the original choice of school.

School disputes are one part of the broader Pennsylvania family-law and custody process. Parents may reach a sound answer through mediation, collaborative law, counsel-led settlement, or litigation when needed. The goal is not to erase every difference between the adults. It is to make a timely, informed decision centered on the child.

Talk through a school-choice dispute

The Law Office of Joanne E. Kleiner helps parents in Montgomery, Bucks, and Philadelphia Counties address education decisions with care and a clear view of their custody order. The firm can help you evaluate settlement paths or prepare for court when agreement is not possible. To schedule a consultation, call 215-886-1266.

Apr 22, 2026

When Parenting Plans Can Change in Pennsylvania

Life changes after a divorce or separation. Kids grow, schedules shift, and family needs evolve. Because of this, parenting plans may need updates over time. Pennsylvania law allows changes when it helps the child.

A parenting plan sets rules for daily life. It covers where children live and when they visit each parent. It also explains how parents make big choices. These plans are meant to support stability.

A parenting plan sets out how parents share care and decisions.

Changes are not automatic. Parents must show a real reason for an update. The court looks at what helps the child most. That goal guides every decision.

A clear parenting time schedule can help reduce conflict as kids grow and needs change. Schedules give structure to busy lives. They also set clear expectations. This clarity can lower stress for everyone.

What a Parenting Plan Covers

Parenting plans guide daily routines. They explain where children stay on school nights. They also explain weekends and holidays. Clear plans help families plan ahead.

Plans often include rules about school. They may cover homework routines and school pickups. Medical care is often addressed too. So are choices about activities.

Plans can include:

  • School night schedules
  • Weekend time
  • Holiday plans
  • Pickups and drop-offs
  • Decision-making rules

These details reduce confusion. They help parents avoid disputes. Children benefit from consistency. Predictability builds trust.

Why Parenting Plans May Need to Change

Families do not stay the same. Children’s needs change as they grow. Parents’ lives also change. A plan that once worked may stop working.

Common reasons for change include:

  • New work schedules
  • School changes
  • Health needs
  • Moves within Pennsylvania
  • Child’s age and growth

These reasons affect daily life. They can disrupt routines. They may create stress. Updates can restore balance.

Courts expect flexibility over time. They know life shifts. But changes must be meaningful. Small annoyances usually are not enough.

The Child’s Best Interests Come First

Pennsylvania focuses on children. Courts always ask what helps the child most. This rule guides every decision. Parents’ wishes come second.

Judges look at safety first. They consider emotional needs. They also review stability. Consistency matters a lot.

Courts may consider:

  • Child’s age
  • School needs
  • Health needs
  • Relationship with each parent
  • Ability to cooperate

No single factor decides the case. Courts look at the whole picture. They weigh all facts together. The child’s well-being leads.

Changes in School or Daily Routine

School changes affect schedules. New schools mean new hours. Bus times and activities shift. Parenting plans may need updates.

Younger children need routine. Older children need flexibility. After-school activities add complexity. Plans should match real life.

Parents may need to adjust:

  • Pick-up times
  • Homework routines
  • Activity transportation
  • Study schedules

These changes help children succeed. They reduce late nights. They also lower conflict. Clear plans support learning.

Work Schedule Changes

Work hours can change. Shifts may move earlier or later. New jobs may add travel. Old schedules may no longer fit.

Courts look at lasting changes. Temporary issues usually do not count. A steady new schedule matters more. Proof is often required.

Helpful proof includes:

  • Work schedules
  • Employer letters
  • Pay stubs

These records show reality. They help courts understand limits. Honesty is important. Accuracy builds trust.

Moves Within Pennsylvania

Moves can affect parenting time. Even short moves change travel time. Longer drives affect school nights. Plans may need updates.

Pennsylvania courts look closely at moves. They consider distance and impact. They review school disruption. They also review parent involvement.

Moves may require changes to:

  • Weekday visits
  • Weekend time
  • Exchange locations

Courts aim to protect bonds. They want children to see both parents. They also want stability. Balance is key.

Health and Special Needs

Children’s health can change. Medical needs may increase. Appointments may become frequent. Plans should support care.

Special needs require planning. Therapies take time. Transportation matters. Flexibility helps families cope.

Plans may address:

  • Appointment transport
  • Therapy schedules
  • Medication routines

Clear rules reduce stress. Parents know their roles. Children feel supported. Care stays consistent.

As Children Grow Older

Age brings change. Young children need structure. Teens need flexibility. Plans should evolve.

Older children have opinions. Courts may listen more. School and social lives expand. Schedules should reflect maturity.

Common age-based changes include:

  • Later bedtimes
  • Activity commitments
  • Social events

These shifts are normal. Plans should adapt. Rigid rules can cause conflict. Flexibility supports growth.

When Parents Agree on Changes

Some parents agree easily. They talk and find solutions. Agreement helps speed updates. Courts still must approve changes.

Agreements should be written. They should be clear and detailed. Vague terms cause problems. Clarity protects everyone.

Even agreed changes need court approval. This makes them enforceable. Private deals alone are risky. Court orders provide security.

When Parents Do Not Agree

Disagreements happen. Emotions can run high. Past conflict can resurface. Courts step in when needed.

A parent may file a request. The court reviews the facts. Both parents can share views. A judge decides if needed.

Courts prefer calm discussion. They may suggest mediation. This can reduce conflict. It often saves time.

How to Request a Parenting Plan Change

Changes require action. Parents must file paperwork. Forms vary by county. Deadlines matter.

The process often includes:

  • Filing a request
  • Sharing documents
  • Attending meetings
  • Receiving a new order

Missing steps can delay results. Errors can cause denial. Preparation helps. Accuracy is key.

Changes usually start from filing date. Delays can affect outcomes. Early action helps protect rights. Waiting can cost time.

Mediation and Parenting Plans

Mediation helps some families. It encourages calm discussion. A neutral person guides talks. Parents keep control.

Mediation works best with cooperation. Safety must come first. Agreements still need approval. Court oversight remains.

Mediation can help parents:

  • Share concerns
  • Explore options
  • Reduce conflict

This approach can protect children. It lowers stress. It supports cooperation. Peaceful solutions last longer.

What Judges Look For

Judges review facts carefully. They look at daily routines. They assess cooperation. They focus on stability.

Judges may ask:

  • How changes affect school
  • How changes affect care
  • How parents communicate

Honest answers matter. Exaggeration can hurt credibility. Clear evidence helps. Preparation is important.

Temporary Versus Long-Term Changes

Temporary changes often fail. Short issues usually pass. Courts want lasting reasons. Long-term change matters more.

Examples of temporary issues include:

  • Short illness
  • Brief travel
  • Seasonal work

Long-term shifts carry weight. Courts seek stability. Children need predictability. Timing matters.

Enforcing Updated Parenting Plans

Court-approved plans are binding. Parents must follow them. Ignoring orders causes problems. Enforcement tools exist.

Courts can step in. They can order compliance. They can address repeated issues. Following orders avoids stress.

Clear plans reduce enforcement issues. Details matter. Ambiguity causes disputes. Precision protects families.

Common Mistakes to Avoid

Parents sometimes make errors. These mistakes delay progress. They can weaken cases. Awareness helps avoid them.

Common mistakes include:

  • Informal changes only
  • Missing documents
  • Ignoring court rules

Planning ahead helps. Understanding process matters. Guidance can prevent errors. Careful steps save time.

Emotional Impact on Children

Children feel tension. They sense conflict. Unclear plans add stress. Stability helps them thrive.

Clear schedules help children relax. They know what to expect. Transitions feel smoother. Anxiety drops.

Parents play a key role. Calm communication helps. Respect matters. Children notice behavior.

Long-Term Benefits of Updated Plans

Updated plans support growth. They match real life. They reduce arguments. They support cooperation.

Benefits include:

  • Clear routines
  • Fewer disputes
  • Better communication

These benefits last. Children feel secure. Parents feel confident. Families function better.

Choosing the Right Time to Request Changes

Timing affects success. Rushing can hurt cases. Waiting too long can too. Balance is important.

Parents should watch patterns. Trends matter more than moments. Stable changes carry weight. Evidence builds over time.

Early advice helps planning. Understanding options matters. Informed choices protect children. Preparation improves outcomes.

Closing Thoughts for Pennsylvania Families

Parenting plans are living documents. They should reflect real life. As children grow, plans should grow too. Change can support stability.

Families in Montgomery County and the Philadelphia suburbs often face these questions. Pennsylvania law allows updates when they help children. Clear rules and careful steps matter. The child’s best interests lead.

The Law Office of Joanne Kleiner helps families understand when parenting plans can change and how to approach updates with care. Support is provided to families across Montgomery County, the Philadelphia suburbs, and Pennsylvania. For guidance, the office can be reached at 215-886-1266.

Feb 06

How to Use a Mediator to Create a Co-parenting Plan

Tips for Using a Mediator to Create a Co-parenting Plan

About 90% of child custody cases are resolved without a battle in court. However, keep in mind that a judge still needs to approve the settlement agreement.

Should You Use a Mediator?

In most situations, it’s a good idea for divorcing spouses to use a mediator. The exception is if your spouse is abusive. Informing the court of the abuse is important to help protect yourself and your child. If you want to try mediation, you do have the option of being in separate rooms during it to help you feel safe and more at ease with expressing yourself.

As long as both you and your spouse are willing to participate in the mediation process, it’s less expensive than battling it out in court. When a mediation fails, you will have to go to court. Thus, it’s best if your spouse is willing to do their part in a peaceful mediation. You can look over these tips together to make sure that both of you negotiate in a respectful and fair manner.

Set aside any hard feelings for the sake of saving money and walking away from the divorce in the best situation possible. When couples get too caught up in revenge during the divorce process, they often find themselves in a worse financial situation after the divorce.

Avoid Saying “Never” or “Always”

Ultimatums automatically put the other person on the defensive, so you should avoid using them in communication. Rather than saying “you never do this” or “you always do this,” phrase it as “I feel upset when you do this.” It’s also better to avoid starting sentences with “you” because it tends to make the other feel defensive, which is why the example begins with “I” instead of “you.”

Compromise Comes with Mediation

Go into mediation understanding there will be give and take. Before the mediation, write down what’s most important to you and what you’re willing to compromise. This will help you keep clarity during the discussion of what truly matters to you. If you butt heads on an issue that’s important to you, listen to the mediator’s suggestions on finding a compromise that both of you can be happy with. This dispute resolution tool is only effective when both participants are willing participants and want to find a win–win deal.

Be Willing to Discuss Finances and Future Relationships

When it comes to negotiating a co-parenting plan, be aware that finances and future relationships may be discussed. You and your spouse want to make sure that your child is in a safe environment if they will be traveling between your residences. If you were to refuse to discuss these issues because of privacy, it will interfere with a successful mediation. Remember that court is an even less private place where people from the public will hear the details of your case.

Keep the Discussion Focused on Co-parenting

Don’t make comments regarding other aspects of the divorce. Stay focused on resolving your co-parenting issues only. You can schedule another mediation if you still have other aspects of your divorce to negotiate.

Ask for a Short Break If You Need One

It’s important that you don’t allow your emotions to get the best of you. It’s okay to politely ask for a short break when you feel your emotions becoming too much for you. Focus on taking slow, deep breaths and think about things that make you happy to help yourself calm down. Remind yourself of the benefits of staying calm, and imagine a positive outcome, then return to the discussion renewed. Be understanding and compassionate if your spouse needs a short break too. Don’t take it personally.

Consult with a Divorce Lawyer Before the Mediation

The settlement agreement that you sign after a mediation is legally binding. It’s a good idea to consult with a divorce lawyer before your mediation because they can advise you on when it’s best to give and take based on what’s important to you. They can also give you an overview of what to expect during mediation. You could even choose a divorce lawyer as your mediator if you and your spouse want to, but both of you should still consult separately with your own attorneys. You don’t want to feel unhappy after the agreement is signed. Consulting with a lawyer helps give you more reassurance that you’ll be satisfied.

Using a mediator to create a co-parenting plan is a great way to come up with an agreement that works with both of your schedules and preferences. Mediators are experienced with the different types of custody schedules that parents can use. They are also skilled at facilitating discussions and calming down a situation that’s about to get out of control. Contact the Law Office of Joanne Kleiner in Montgomery County at 215-886-1266 if you’re interested in learning more about the process.

Nov 22

How to Handle Co-Parenting and the Risk of COVID-19 Infection

Sharing Custody During a Pandemic: Navigating COVID-19 Risks

According to the National Library of Medicine, only 60 percent of children lived with their married biological parents in 2009 compared to 84 percent in 1970. This leaves about 40 percent of children potentially traveling between two households. As COVID-19 infection rates soar across the United States, this puts children and both sets of custodial parents at an increased risk of becoming infected or passing it on to other members of either household.

Sheltering in Place Contradicts Shared Custody Arrangements

The amount of COVID-19 cases is increasing in most states as of October 2020. Public health experts and local officials continue to recommend that people shelter in place in their homes and avoid close interactions with anyone from outside their household. Unfortunately, these recommendations are likely to contradict what’s spelled out in your custody arrangement. Your situation may become even more tenuous if you discover that your ex-partner’s household poses a serious COVID-19 risk.

Understand the Common COVID-19 Risks

It’s important to recognize what is and isn’t a COVID-19 risk. For example, if your ex-partner is a surgeon who operates on patients every day, or his or her current partner is an EMS worker who transports ill and injured people for 12 hours per day, several days per week, these are risks for COVID-19. Even if your ex-partner takes precautions, he or she does have a higher-than-average risk for contracting COVID-19 and bringing it home to the rest of the household, and possibly yours. In this case, your ex-spouse may say that he or she isn’t doing anything wrong, but you could petition for temporary full custody until a vaccine is available. You could also ask that your ex-partner self-quarantine for two weeks or get a negative COVID-19 test result before spending time around your child.

Take Action If You Learn About Risky Behaviors

You may also find out that your ex-partner isn’t taking the recommended public health precautions seriously. Perhaps your child told you that the other parent had a huge party with no social distancing. Maybe your ex-partner never wears a mask. These are high-risk behaviors that put your child at a much higher risk of getting COVID-19 and bringing it home to you after spending time with the other parent. If this is your situation, it’s important to speak with our divorce lawyer. You may have legal means of keeping your child out of harm’s way if you can prove that your ex-partner is endangering your child due to a disregard for public health measures.

Be Flexible During an Urgent Situation

During these times, you’ll need to be flexible. Perhaps your ex-spouse was exposed to someone with COVID-19 or develops symptoms and seeks a test. While waiting on the test result, they should self-isolate. If you find out your ex-partner is self-isolating due to COVID-19, it’s your right to seek a temporary halt to visitation.

What You Can Do After the Fact

If you’ve been sharing custody since the COVID-19 crisis was declared a pandemic by the World Health Organization, you’re likely already stressed and fatigued. Now isn’t the time to let your guard down. COVID-19 will take advantage of any lapse in preventive measures. If your child comes back to your home after a weekend with the other parent, and you find out that the other parent is sick, you may be able to take action and protect your child under Pennsylvania law. The situation can be complicated because of HIPAA, but if you believe your child was exposed to COVID-19 by your ex-partner, it’s your right to have your child tested.

You need to make important decisions about the health and well-being of your child and family. The Law Office of Joanne Kleiner offers legal counsel to help you navigate these challenging times. To schedule a consultation with our divorce lawyer in Jenkintown, call (215) 886-1266, or complete our online contact form.

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From Our Blog

  • Can Payment App Records Be Used in a Pennsylvania Divorce?
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  • Building a Parenting Plan for a Child With a Disability
  • When Divorced Parents Disagree About Their Child’s School
  • Dividing Stock Options and Restricted Stock in a Pennsylvania Divorce

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Law Office of Joanne Kleiner | 261 Old York Rd., Ste. 402 | Jenkintown, PA 19046
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