Not long ago Connecticut was a notorious national epicenter for COVID-19; fortunately, cases have plummeted in the past few months. This does not, however, mean that the threat has disappeared.
Not everyone believes in wearing masks, social distancing, or even the inadvisability of exposing children to a potentially fatal illness. In recent days, we’ve seen or heard reports of birthday parties gone awry, backyard bbq’s leading to a spike in the spread of COVID-19, restaurant visits that killed, and beach excursions that close down whole states.
You may honestly believe, and you may be right, that your children should not be subjected to a parent who engages in risky and reckless behavior during a national emergency and international pandemic, at least until there’s a vaccine. Unfortunately, judges take a dim view of altering custody agreements for reasons that appear specious or contrived.
If you or your child has a pre-existing condition or is immunocompromised, or even if neither of you are, your fear of infection is reasonable and warranted. Is there anything you can do to lessenthe risk of exposure to your child while still ensuring meaningful parenting access with both parents takes place?
Aside from taking your son for a virus test after every visit to mommy, you can work with your lawyer to document and forestall any potentially harmful and foreseeable behavior that threatens the health and safety of you or your children.
“Wanton disregard for a child’s health and safety” can be a pretty effective argument in favor of cutting off or limiting visitation rights. Even the most rabid anti-vaxxer would think twice before letting that sentence affect a custody order by the family court during a pending divorce or post-judgment proceeding.
Hirsch Legal, LLC is one of Connecticut’s most experienced divorce and family law specialists. For our principal attorney, Carmina Hirsch, no consideration takes priority over the well-being and safety of children. We serve clients in New Haven and upper Fairfield County (Danbury, Westport, Bridgeport, Milford, Shelton). If you are considering filing for divorce or are dealing with a custody issue, give us a call today!