NJSBA Family Law Section

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  • 1.  Social Distancing and Visitation

    Posted 03-20-2020 11:48 AM

    Colleagues: My client (Dad) is able to work from home and social distance. Mom is a Nurse and cant social distance at work. Two kids with 50/50 visitation. Dad wants temporary 100% visitation because mom can't practice social distancing and works in high-risk community. Morris county matter.

    Has anyone run into this or something similar?

    Tom King

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law

    45 Broadway, 2nd floor, Denville NJ 07834

     

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  • 2.  RE: Social Distancing and Visitation

    Posted 03-20-2020 11:50 AM

    I am facing a similar situation and the child is a one year old baby.  Any thoughts are appreciated!


    Crystal M. Ullrich, Esq.
    Weinberger Divorce and Family Law Group, L.L.C.
    908-845-5000   [email protected]  I   www.WLG.com
     
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  • 3.  RE: Social Distancing and Visitation

    Posted 03-20-2020 11:52 AM

    It sounds like giving her career choice and with the current situation we find ourselves living in it would be in the children's best interest that if the father can social distance and safeguard the children mom would not have a problem making sure that the children are safe. They should have some provisions regarding Skype time and make up time once this is resolved.

    Sent from my iPhone

     

    Albertina Webb, Esq.
    Office: 732-852-7550 | Fax: 609-452-1888
    2 Bridge Avenue, Suite 211 - The Galleria, Red Bank NJ 07701
    www.hillwallack.com  email| vCard

     

          






  • 4.  RE: Social Distancing and Visitation

    Posted 03-20-2020 02:08 PM
    The answer ought not be any different than what you would tell an intact family, in my opinion.

    If we are not circumspect, applications might be filed suggesting somehow that every TSA worker  be kept from his or her children and family , based on fear. And any pro athlete.  And the garbage man who picked up my garbage today, because he might have the bug when he gets home. 

    I am telling my clients to be reasonable and not be driven by irrational fears.  Most healthcare workers are not selfish by definition which is why they work in the field to begin with - so I'd err on the side of believing they'd likely take measures without you or me telling them, to make sure their own kids are not any less safe than the children of the grocery store worker or delivery driver, or TSA agent who lives down the street.   

    The threads I've read are based on the unsupported premise that a different and more serious risk exists for families and children of healthcare workers, compared to other workers.   That premise is not supported by any science of which I am aware, or if it were the government guidelines would effectively be self-quarantining all workers in all health fields.  And all police, workers in delivery, retail and other businesses still in operation. 

    Suggest we all lead by example and encourage our clients not to panic or react based on fears unsupported by facts.  

    DAVID C. BENDUSH, ESQ. 310 SPRINGFIELD AVE., SUITE 10 BERKELEY HEIGHTS, NEW JERSEY 07922 908-771-0550 (TEL) 908-771-0715 (FAX)





  • 5.  RE: Social Distancing and Visitation

    Posted 03-20-2020 01:21 PM
    Seems like common sense that you want to protect the children. Have the parties discussed this? Having said that, is the fear the children will become ill or is the dad fearful he will get sick?

    Anna-Maria Pittella
    Sent from my iPhone
    Without errors I hope






  • 6.  RE: Social Distancing and Visitation

    Posted 03-20-2020 12:11 PM
     My position with these clients is that parenting time needs to remain the same unless someone in the house is sick. Married people are not farming their children out to homes were doctors and nurses don't live.  
    --
    Sent from my iPhone. Teri Lodge (609)280-6291





  • 7.  RE: Social Distancing and Visitation

    Posted 03-20-2020 01:16 PM

    One judge denied such similar request. Not my case. The person I spoke with said the judge does not want to set a precedent that doctors, nurses or first responders should automatically have custody removed from them. Those professionals are taking other precautions at work.

     

    Patricia J. Cistaro, Esq.

    Murphy & Cistaro, L.L.C.

    27 East Main Street

    Mendham, NJ 07945

    Phone:      973-813-8100

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    [email protected]

    www.murphycistaro.com

     

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