There was a recent case in New York County regarding a change of custody petition filed

by the child’s mother alleging that the father was not successfully completing the remote

learning assignments for the parties’ son and he failed to log in and out properly during COVID.

The mother filed for full custody and full decision-making, especially for educational

issues.  The court found that there not a sufficient basis for change of circumstances; primarily

because the child had returned to in-person learning.

 It is quite clear by this case, and others like it, that circumstances affecting parenting

resulting from COVID cannot be used as a means of changing custody as the COVID restrictions

have changed and continue to change.  Unless there is something egregious that happened as a

result of noncompliance with COVID such as not medically treating or willfully exposing a child

to COVID  the court will not use COVID  as a basis for a change of custody.

 The reason is that the behavior not continuing an ongoing; it was a brief period in

the life of the child and in the parenting situation. The court found that the allegations, because

they were related basically to remote learning, did not even meet the burden for establishing

a change of circumstances so no hearing was ordered and best interest.  The case was

immediately dismissed.