Pandemic Complicates NJ Family Law

Posted by Joseph D. Lento | Jul 15, 2020 | 0 Comments

Life during a pandemic is anxiety-inducing for everyone. For parents trying to balance work, school closures, and social distancing, life is stressful. But parents navigating custody agreements and visitations during quarantine may face what seems like an impossible task. It's the rare custody agreement that explicitly addresses pandemics.

Gov. Murphy's Stay at Home Order

As a result of the COVID-19 pandemic, Governor Phil Murphy issued a stay at home order on March 21, 2020, limiting New Jersey residents to only necessary travel outside the home. The order allowed travel for food and supplies, to maintain health, or for essential workers. Together with the New Jersey Supreme Court order limiting court access, many parents wondered if their custody agreements were still enforceable.

While the governor has eased New Jersey travel restrictions, exactly when and how schools will reopen is still in the air. But parents are naturally concerned about how to juggle schools that may be open only part-time with work and custody schedules, particularly if one parent has custody for most of the workweek.

Navigating Custody Agreements and a Pandemic

While this is new territory for everyone, there are a few general guidelines that co-parents should follow during this uncertain time:

  • Follow the court order: New Jersey courts will follow your court order unless there are some compelling circumstances. The risk of additional contacts alone won't be enough to change a custody agreement, so parents should try to work together.
  • Communicate and make a plan: Parents should communicate as much as possible. If co-parents can come up with agreed-upon guidelines for custody exchanges or activities that both consider safe, custody exchanges may go more smoothly.
  • Be flexible: If infection numbers spike and Gov. Murphy issues a new stay-at-home order, parents need to be flexible. They should discuss what to do if New Jersey's opening phase changes again. They should also discuss what to do if one of them becomes sick.

Custody Agreements When Schools Reopen

When New Jersey kids go back to school, parents may need even more flexibility. With the possibility of virtual or hybrid school models, parents of young children may be left scrambling. Parents should discuss:

  • Virtual school: If a child ends up back in virtual school or with only a few days a week in school, how will parents manage additional childcare?
  • Working from home: Can one parent work virtually and manage kids' schooling during the day?
  • Childcare: If virtual or hybrid classes result in a need for more childcare, can the parents split the cost?

If parents can't agree on a co-parenting and custody plan that reflects the new realities of the COVID-19 pandemic, New Jersey resumed in-person court services on June 22, 2020. Parents can now more easily seek a court order.

If you are facing difficulties exercising your parental rights, give the Lento Law Firm a call at 888-535-3686 or contact us online. New Jersey attorney Joseph D. Lento has many years of experience negotiating and navigating complicated family law issues for his clients. He can help guide you in this stressful time.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.


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Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

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