Like most other states, Alabama has issued stay-at-home orders to help prevent the spread of COVID-19. If you are currently sharing custody of your child with a previous partner, then you must deal with the new concern over who gets to stay with the children and visit the children during the quarantine.
In Alabama, you are supposed to continue your regular custody arrangements, whatever that may look like for you. If you see the children on weekends while the other parent gets them during the rest of the week, then you should continue this arrangement-if it is safe to do so.
Looking at the best interest of your child in Mobile, Alabama
It is vital that parents come together and look at what is more beneficial for their child during this troubling time. For instance, some parents may have an agreement to meet their children in public places. If parents are meeting outside they should make sure to follow the order of staying at least 6 feet apart and if they feel like it isn’t safe, then it is better to keep the child with one parent as opposed to breaking social distancing orders.
If your agreement is flexible and allows the custody timings to be changed according to circumstance, then you should alter the schedule to minimize exposure to the virus. However, if your agreement does not allow changes then you should get in touch with a child custody attorney to help you with enforcing a new schedule that allows you to utilize your right of seeing your child- coronavirus or not.
The difference between legal and physical custody
There are two main layers of custody in Alabama, the first layer is physical and legal. Physical custody refers to maintaining the right to live with the child, and legal custody means maintaining the right to make important decisions such as the education and religious upbringing of the child. The second layer is sole custody or joint custody. Sole custody means that only one parent gets rights over the child and joint custody means both parents share in their rights.
If you have sole physical custody over your child, you do not have to worry too much about visitation differences during COVID-19 as the other parent does not have the right to live with your child.
However, if the other parent and grandparents still have visitation rights you will need to evaluate whether it is safe for your child to continue their custody schedule or if it is safer for them to remain in one area until further notice from the World Health Organization. If one of the parents is an essential worker, is immunocompromised, or has symptoms of COVID-19 they should refrain from visiting their child to keep them as safe as possible.
Contact a custody lawyer at Jackie Brown, Attorney at Law today:
Jackie F. Brown
74 Midtown Park West, Suite 100
Mobile, AL 36606
P.O. BOX 8671
Mobile AL 36689
Office: (251) 473-3299
Fax: (251) 432-3298