As COVID seems to be here to stay in its various forms (Delta, Omicron ) and at various times, the courts have been dealing with the impact with regard to custody cases.  Cases on how to handle vaccinations, care for children, and the treatment of COVID itself are being filed in court.  Covid has become a bone of contention in many custody arrangements.  In many instances parents have different parenting styles, and they may very well have different outlooks on care, vaccines, home schooling, etc.  Since this is a new area, it is something that needs to be discussed and talked about with your attorney, and perhaps, definitive terms and language needs to be put in parenting plans or agreements to deal with these types of issues especially in light of the fact it will continue to arise now or in the future.

            Another way to handle this situation is to designate one parent to make such decisions.  In many custody arrangements, the courts, when there are difficulties regarding decision making, will use a sphere of influence model.  What this means is that one parent will decide certain issues, such as medical issues. In the sphere of influence model if the parties cannot agree the parent entrusted with a particular sphere will make the decisions. One parent may be the designated decision maker regarding education, another parent may decide extracurricular activities. 

            There was a recent case before Justice Sunshine in Kings County Supreme Court, B.S. v. A.S., December 21.  This case addressed not only COVID issues particularly but compliance with COVID guidelines and vaccinations.  In this case, a stipulation that the parents had already agreed to follow COVID protocol and guidelines.  There was an allegation by the mother that the father was not in compliance.  Judge Sunshine ordered that there be a hearing to determine first whether or not the father was actually not in compliance with the stipulation; and if so should they not be able to navigate this pandemic situation jointly: it may be necessary to develop a sphere of influence for one parent to make these decisions.  

            This is something to consider when drafting parenting agreements.  Consider speaking to your attorney about spheres of influence.  Perhaps one of the parents is a healthcare practitioner and they have more knowledge and the expertise to make better decisions with regard to the medical issues.  Perhaps another parent is more involved in extracurricular, such as being a coach for a team or an athlete and better able to make those decisions when a joint decision cannot be made. 

Once again, what is needed is grounded creativity.  What does this mean?  Taking the time to discovery what is best for your children by looking at what each parent’s abilities, talents, and gifts are when it comes to parenting, acknowledging this, and putting this into practice so that your agreement mirrors that. This will be best for your children and this is what we encourage for your family at the DePalo Law Firm.   Creative and well thought out solutions for complicated important issues.