Question:
Can we temporarily verbally change our parenting plan until the quarantine is over?
Reply:
I practice as a lawyer in the state of South Carolina. If you don’t live there I can’t tell you about the specific laws of your state, but I can give you some general comments on family law issues and how it will affect the COVID-19 pandemic, based on the jurisdiction in which I operate .
The answer is yes, and it is strongly recommended that parents use prudence in reaching such an arrangement. It is inevitable that both parties will experience a roadblock that holds their rights back from what the court ordered. Both parents should expect to make concessions in order for the other to keep the spirit of the agreement as much as possible. A family judge will undoubtedly respect the parties and their decisions, taking into account the circumstances.
If you, the parent, are asked to make a change in the parenting plan, these requirements should be considered. Remember, if the facts show that you were not reasonable in the circumstances, your conduct can be reviewed by a judge. It’s also important that you make it clear to the other parent that the change is purely intentional until things return to normal. You should be careful that the other party does not misunderstand the change as a new agreement, but rather as a temporary agreement.
As a parent, if you request a change in the parenting plan, you should save these notices whether or not the changes have been approved. Commemorative communications may be recorded via SMS, email, or any other form of written communication that allows you to justify the other party’s intent. If the changes are not approved by the other party, these notices are helpful in illustrating to a family judge what the other parent will do in the event that you must go to court in the future. Similarly, these memorable messages protect the inquiring parent in the event the other party claims a breach of the agreement in the future. The bottom line is that written communication is key to communicating with the other parent.
Because of the factual nature of this situation, I would strongly encourage you to consult an attorney who deals with family law matters in your jurisdiction to see how the laws of your state can specifically assist you in this serious situation. This type of attorney should be helpful in providing you with specific assistance on your matter. Remember that I can only give you tips. So, contact a domestic litigation attorney in your jurisdiction for specific advice about the laws in your state and their specific implications for your potential case.
Contact Cordell & Cordell to arrange an initial consultation to discuss divorce law for men with a Cordell & Cordell attorney, including South Carolina divorce attorney Chris Jacob.
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Shawn Garrison
Shawn Garrison is an online editor for Lexicon and focuses on issues related to the legal services of clients Cordell & Cordell and Cordell & Cordell UK. He has written countless articles addressing the unique custody and divorce problems of men and fathers. Through his work on CordellCordell.com, CordellCordell.co.uk and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal practice and was the content creator for the YouTube series “Dad’s Divorce Live” and other videos on the YouTube channels Dad’s Divorce and Cordell & Cordell. Mr. Garrison has managed these clients’ websites and promoted the creation of several of their roles, including the Cordell & Cordell lawyer and office pages, Dad’s divorce newsletter, and the Cordell & Cordell newsletter.
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