FAMILY LAWYERS FIELD CALLS ABOUT CUSTODY DURING COVID-19 While COVID-19 continues to
Family lawyers field calls about custody during COVID-19
BY TIA CAROL JONES
While COVID-19 continues to change the way people live, with stay-at-home orders being extended through April 30, as well as schools being closed until that time, family law attorneys are receiving calls for guidance to navigate child custody issues.
Attorney Lester Barclay is a family law attorney and the head of The Barclay Law Group, P.C., which has offices in Bronzeville and in the Loop. Barclay has been fielding some of these child custody calls.
“We’ve been getting calls about the safety and security of children going from one house to the other. And, whether or not one parent’s house is sanitized,” he said.
Barclay said the difference in parenting styles can create conflict. While one parent might be more careful, the other might be less vigilant.
“So, you have one parent that says the child is sick. And then, the other asks if that is certified by a doctor and the parents says, ‘no, that’s certified by me.’ So, we’re getting calls like that,” he said.
Barclay said another kind of call he has received concerns conflict arising as it relates to Spring Break and traveling.
“We have calls where parents have wanted to put their child on the plane and the other parent said, ‘no way is my child getting on a plane right now,’ “ he said.
But Barclay added there are other people who are taking advantage of the situation presented by the current COVID-19 crisis.
“There are a myriad of things we’re getting across the board where parents are afraid and some are actually taking advantage of the situation because they despise the other parent and this is an opportunity to get even,” he said.
Barclay said there are two different categories of people whom he deals with: People who are divorced and are divorcing, and people who have a child and they were never married.
“Divorced couples tend to be a little bit easier to deal with than sometimes the ones who just have a child together, because they create a different kind of challenge,” he said.
“They don’t have the foundational support for raising children together.”
Barclay added with divorced couples, there is more of a foundation and a level of accountability.
He said one of the things he tells parents is to be flexible.
“All of this is fluid, right? And, you know, we’re all trying to kind of feel our way as we go along,” he said. “So, you know, don’t take a hard-line position: ‘Th is is my weekend, I demand that you bring the child to me.’ “
Barclay said parents should stay informed about the latest
information for COVID-19.
“There are certain things you don’t need to argue about,” he said. “You would hope that a parent [who] is listening to the authorities will understand that the parks are closed, and you shouldn’t be taking the child on strolls to the park or to play basketball.”
He added if compromise and negotiations fail, to follow the court order adding, the time could also be used for parents who don’t have the best rapport to redirect some of that aggression, animosity and bitterness and try to find some common ground.
This may be a great opportunity for parents to come together in a time of crisis, he said, and for children to see that their parents are doing what is in their best interest. “Children need to be reassured during this time of crisis that they’re going to be all right. And, they learn that model from their parents,” he said.
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