The Covid-19 pandemic, which has already infected one in eight Americans, and has killed between 650,000 and a million people in the United States, shows no signs of abating, even in the face of all-out public health efforts to promote reasonable prophylactic measures such as hand washing, mask wearing, and vaccinations.
Not surprisingly, the debate over mask wearing and vaccinations is a contentious matter not only on talk radio, but also in the divorce and family courts. Parents who differ on whether their kids should wear masks or should be exposed to vaccinated teachers are often quite passionate about these opinions.
For those who want to stake their children’s lives on the efficacy of zinc, Vitamin D, ivermectin and hydroxychloroquine, Hirsch Legal LLC has a bit of perhaps unwelcome information for you. If you differ with your spouse on whether the Moderna vaccine is a life-saving boon or a means for Bill Gates to microchip people in line with the latest conspiracy theory, please be advised that courts in Connecticut tend to err on the side of medical advice and scientific data. By taking the unwavering position that Dr. Fauci bears the mark of the devil, you take the very real risk not only that you lose temporary decision making authority over their medical needs, but that loss could become permanent.
As Henry IV famously said, “Paris is worth a Mass.” Even if your marriage was dominated by no-holds-barred political arguments every night, the divorce court is a place for stolid pragmatism and reasonable proposals. The judge doesn’t care to explore your extremist political views or your unorthodox medical opinions gleaned from the Internet. In divorce cases, the judge’s concern centers on ensuring that financial assets are fairly divided based on the totality of circumstances of the marriage. And, when it comes to custody issues, the judge wants to know that children will be secure and safe and kept healthy. If there is a dispute over medical decision making, a custody evaluation may occur, and when the child’s pediatrician is asked what the best course for next steps is, the parent who accepts the doctor’s recommendation is more likely to prevail on that issue over the parent who believes he/she knows more than the doctor.
Covid-19 has killed more than 4,000 people in Fairfield County and New Haven County alone. More than 200,000 of our neighbors in places such as Danbury, Stamford, Westport and Bridgeport have tested positive for the Coronavirus, and many of those who recovered went through a horrific time of fear or even hospitalization in an ICU unit before recovering their health. Please be aware that the average judge in the Connecticut family court likely has friends and family members who died in agony because of the Coronavirus.
If you want to appear to be the soul of reason and reasonableness in court, the best way to achieve that is to hire a lawyer who can speak and negotiate on your behalf and navigate the courtroom in a manner that commands respect. Carmina Hirsch, our principal attorney, will present your case in the best possible light, but making a good impression in court will sometimes require your attention to minor details that can make a huge difference. Toning down the expression of your political views in today’s climate may be just what the doctor ordered when your future depends on the decision making authority of a judge.