How COVID-19 Affects Colorado Child Custody Agreements

The COVID-19 pandemic has brought radical changes on many levels to everyone around the world and hasstressed previously agreed to custody agreements in Colorado family law cases. It will hopefully come to an end in 2021, but there are still pressing life matters that need to be addressed in the meantime despite this unprecedented event, and one of those crucial matters is child custody.

Since this pandemic has introduced many wrinkles into multiple areas of people's lives, you may be wondering how COVID-19 might impact your custody agreement. Before you take any steps regarding your Colorado custody agreement, keep the following in mind.

Colorado Custody Agreements During COVID-19

You still must follow your Colorado custody agreement as it is written despite the pandemic. The agreement is legally binding, and you are ultimately responsible for honoring its terms along with your co-parent.

If you do feel that co-parenting could expose your child to risk because of COVID-19, you will need to obtain an emergency order from the court to alter or restrict the parenting time set out in the agreement in any way, unless you and your spouse can reach an agreement.  Then, it should be reduced to writing and submitted to the court with a request that it be adopted as a modification of your custody order

Bear in mind that you need to prove to the court that your child really would be in danger if exposed to their other parent. For example, this may entail showing the court that your co-parent just tested positive for COVID-19 and would put your child in danger if they continued with their parenting time allotments as usual.

If you have concerns about your co-parent and their exposure to COVID-19, or you are not being allowed to see your child because of your co-parent's concerns, consult an attorney immediately. You may face serious consequences, including a contempt of court charge if you fail to follow your current agreement without having the court's formal okay to do so.

Effectively Co-Parenting with Your Ex-Spouse During COVID-19

Naturally, co-parenting with stay-at-home orders and social distancing in place can get complicated. On top of this, communities across Colorado may have varying restrictions depending on their infection rate. On top of following your current custody agreement, you and your co-parent will need to work together, so you both understand and follow the current restrictions in your relative communities.

It is also important that you and your co-parent communicate clearly and as honestly as possible with your child during this time, so everyone is on the same page when it comes to safety. 

Of course, there may be times when both you and your co-parent agree to deviate just one time from the order for some reason —in this case, have something in writing (an email or even a text may suffcice) that shows you both agree to change one weekend, for example —but still want to stay connected with your child. Use virtual tools so the co-parent missing out on some parenting time can see and interact with the child.

Keeping Your Child Safe in Two Households During COVID-19

 It is important to come to an agreement with your co-parent about how to best keep your child safe during this time. You and your co-parent might decide that there should be a temporary adjustment to the custody agreement during the pandemic. If this is the case, you need to speak to an attorney as soon as you can. It is important that you do not significantly change your custody arrangement from your current order without the court allowing those modifications.

Some factors to weigh here include whether anyone in your or your co-parent's household is high risk —such as an essential medical worker —and which parent is more comfortable with homeschooling as needed.

 If you or your co-parent has a person with a compromised immune system or a person who has a lot of contact with the public in the household, those could be other potential risks. Be very realistic about what risks each household could present to your child, along with the benefits and downsides of the child visiting each household.  You should be aware of the fact, however, that a court will not enter an emergency order modifying custody unless you can show a real and present danger to your child.  Speculation on what could  be is not sufficient.

Colorado Divorce Proceedings During COVID-19

The court system in Colorado has been impacted by the pandemic, just like everything else. Many cases are being handled virtually, so you and your co-parent do nothave to go to the courthouse to address your custody matter. Of course, rules and procedures change as the situation changes, so you will want to check the official Colorado Judicial website for the most up-to-date information on the current closures and restrictions in place. Your attorney will also know what the current process is for the court you will need to file in and explain how everything will work for you.

Child custody issues often cannot wait, especially if they involve the child's well-being in the middle of the biggest pandemic in recent memory. For guidance on how COVID-19 will affect your custody arrangement in Colorado, call family law attorney Mitch Geller for a free consultation today.