Law Office of Joanne Kleiner

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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.

Aug 18

Divorce Mediation During the COVID-19 Pandemic

The Coronavirus Pandemic and Divorce Mediation

Even before the COVID-19 pandemic, divorce was a stressful proposition. In the midst of the health emergency, divorce lawyers have canceled in-person meetings. With Pennsylvania’s confirmed infection toll at over 124,000 as of August, many of the county courts are just starting to tackle a backlog of family court cases.

Understanding the Mediation Process

Divorce mediation is all about communication. Often, when couples reach the point of splitting up, there are emotional barriers that make direct communication difficult. In a mediation process, the couple sits with a third party who helps them talk through the many decisions a divorce requires. Mediation sessions will cover such areas as:

  • Division of property
  • Child support
  • Child custody
  • Alimony

Candidates for Mediation

Mediation minimizes the amount of time spent in a courtroom as well as often lowering the cost of the divorce. However, the mediation process is not for everyone. Spouses must maintain a decent level of communication. If one partner cannot be in the presence of the other without getting angry and upset, this process will not be helpful.

For a productive mediation, both spouses must be committed to the goal of peacefully ending the relationship. This is not a counseling session where a couple is trying to resolve issues and stay together. Mediation is a process for formally ending a marriage.

Virtual Technology and Mediation

Because mediation is about meaningful communication, virtual technology allows the process to continue during a time of social distancing. Using an online communication platform like Zoom, the couple can meet with their mediator in a virtual mediation session. A conference call is another way that partners can communicate with the mediator.

The spouses will deal with the same issues in a virtual setting. However, online mediation will bring new challenges. In most in-person mediation processes, the sessions end with the couple signing forms together at the legal office. An action that took a few minutes may be extended to days as forms travel by mail or the spouses make separate signing appointments.

Delays in Divorce Because of COVID-19

Mediation is not the final step in divorce proceedings. If the mediation is successful, the couple will have a separation agreement that handles the necessary aspects of dissolving the marriage. However, the court must approve the agreement, and the couple must swear to the agreement through the court. Unfortunately, the COVID-19 pandemic has slowed down this part of the divorce process.

The advantage of virtual mediation during the pandemic is that spouses do not have to wait to prepare the agreement. It is a great relief to have the separation agreement in writing and ready to go. As the courts reopen and begin to hear divorce cases, the couple will be ready for their final session.

Tips for Meaningful Communication on Virtual Platforms

The COVID-19 pandemic has moved a great deal of communication online. Of course, this kind of format is quite different than sitting face-to-face around a table. Couples can expect some challenges when working with this technology for mediation.

The couple should be prepared for pauses. Differing internet speeds can cause lag that disrupts the natural flow of conversation. When someone speaks, other participants should take a beat before responding. Participants can use hand gestures like waving to indicate that they would like to speak. In some cases, it will be best for the mediator to call on the participants for input.

The couple should be ready for the meeting. Online communication often feels less formal. However, these sessions will be the most productive if participants can minimize distractions and have all of their necessary documents in front of them.

Patience is a necessity. There will be frustrating moments during an online session. The technology may not always work perfectly. Children and pets will not always behave in the background. It is best to acknowledge the imperfections and move forward.

As a divorce lawyer in Pennsylvania, Joanne Kleiner can help you through the mediation process as either a mediator or legal advisor. To find out more, you can reach out to the Law Office of Joanne Kleiner in Jenkintown through our website or by calling 215-886-1266.

Jul 31

The Effects of the COVID-19 Pandemic on Collaborative Divorce Cases

How the COVID-19 Pandemic Has Changed Collaborative Divorce Processes

Although it’s too early in the COVID-19 pandemic to tell if being cooped up will cause more couples to file for divorce, more than 32% of married people said that the pandemic-related lockdowns, quarantine and isolation have harmed their relationships. Many divorce lawyers in Pennsylvania have anecdotally noted an increase in inquiries about initiating a divorce, and being stuck inside together may be the proverbial straw that breaks the camel’s back. If you’re already in the midst of divorce proceedings, the pandemic has also likely caused some changes in what you thought, or hoped, would be a smooth and speedy process.

Technology for Facilitating Discussions

When you need to discuss an issue with your divorce lawyer, you’ll probably rely on technology for it. Due to COVID-19, in-person meetings may not be an option. Instead, you may discuss the issue with your attorney over the phone or a video call. You’ll still maintain confidentiality and be able to get answers to your questions about the proceedings.

Remote or Virtual Meetings Instead of In-person Consultations

Before COVID-19, mediation for collaborative divorces took place in person, usually in a small conference or meeting room in the courthouse. Now, that option may not be available. Instead, you’ll likely use an app, website or software such as Zoom to have a secure meeting. If the court has facilities that will allow you to maintain social distancing while negotiating in person, you may be able to engage in face-to-face discussions. However, you’ll need to wear a face covering and prepare for long backlogs for accessing courthouse facilities and services.

New Areas of Disagreement Requiring Mediation

The COVID-19 pandemic may have brought about some new areas of disagreement that require assistance from your mediator. For example, if you or your ex-spouse is a health care worker or another type of essential worker, your custody preferences may change. If one of you has a health condition that puts you at a higher risk of developing a serious illness or dying from COVID-19, you may need to work on backup plans for guardianship, custody and visitation that you hadn’t considered before the pandemic. If you or your ex-spouse lost a job as a result of the COVID-19 shutdowns, you may have new areas to mediate around spousal support and the division of assets.

Increase in Stress and Anxiety

Many people are more stressed and anxious because of the COVID-19 pandemic. This affects your mood, train of thought, ability to focus and overall sense of well-being. When you’re stressed and anxious, it’s easier to lose your temper or be disagreeable. Keep in mind that the pandemic has had deep effects on mental health, and it may affect your ex-spouse differently than it affects you. You or your ex-spouse may be worried about job loss, securing food, getting sick or losing a loved one to COVID-19.

Postponement of Processes If a Party Becomes Ill

Sometimes, you need several meetings with your ex-spouse, his or her attorney and your lawyer as well as the court appointee to work through all of the areas of the disagreement. It’s possible that over time, one of the parties could become ill with COVID-19 or experience some other health problem. In such a case, you may be able to petition for an extension of the collaborative process.

If your needs or situation have changed due to the COVID-19 crisis, we can help. At the Law Office of Joanne Kleiner, we’re here to help you with updating your collaborative divorce agreement to change custody schedules, visitation and alimony or child support payments. The COVID-19 pandemic has caused an upheaval in many lives, and you can turn to us for help with alleviating some of the stress related to your divorce process or arrangements. To schedule a consultation with our Jenkintown, Pennsylvania, attorney, contact us online or call (215) 886-1266.