Thanks to hurricanes, Florida families are no strangers to emergencies that disrupt their children’s lives. And yet, when parents divorce, few consider adding provisions to their parenting plan that addresses what happens when a State of Emergency is declared. Where will the children stay? How will joint parental decisions be made? What if the children need to evacuate? Considering that the period in which a hurricane disrupts normal time-sharing is relatively brief, most parents presumably amicably work this out without seeking judicial intervention. What happens when the emergency is a pandemic? What happens when a state, county or municipality institutes a shelter-in-place order? We are living in a time where parents are asking those very questions.

Communication and cooperation is key. Both parents should remember that Florida Statute Section 61.13(3) states that the best interest of the children should always be the primary consideration. In attempting to decide where a child should remain during a pandemic, the parties should consider the elements laid out in that statutory section such as the ability of each parent to provide for the needs of the children, the stability of each parent’s home environment for the children, the geographical viability of a time-sharing schedule during a pandemic, and the health of the parents.  However, when the parties cannot agree, judicial intervention may be necessary.

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