By Carla Marino

It is very likely that many, if not most, custody schedules have been impacted by recent social distancing protocols mandated by Governor Wolf and other state and local governments throughout the country. Custody is comprised of legal custody and physical custody.  While legal custody encompasses decision-making for child/children, physical custody specifies which parent will physically have time (and therefore the attendant responsibilities) on certain days and times.

Physical custody schedules vary greatly from household to household.  The goals of physical custody are:

• to have the best daily schedule in place for the children as possible to meet their needs;
• to have a consistent schedule; and
• to have both parents actively involved in their child or children’s day-to-day activities.

Some custody schedules provide each parent with an alternating full week of custody with a single exchange while other schedules contemplate more frequent exchanges every few days.  Undoubtedly, COVID-19 recommendations to socially distance ourselves from others, school closings, religious center closings, community center closings, suspension of activities being suspended, have wreaked havoc on many custody arrangements.

However, closings and changes in schedules in light of COVID-19 can be amicably resolved if both parties work together.  Whether the custody schedule was created formally through a signed stipulation or court order; or informally by verbal agreement, parents can talk with each other, speak with their attorneys, and/or seek other solutions to address custody schedule issues.

Very popular and successful methods involve private mediation, binding arbitration, co-parenting counseling, or the use of a parenting coordinator.  Prior to COVID-19, these options were all available.  They may be even more important now.  Practitioners are working diligently to continue these services so that custody schedule modifications can be addressed and resolved, at least temporarily, until social distancing protocols end and the courts reopen once again.

For instance, while the paradigm of learning may have shifted to online education while schools are closed, this does not mean that the primary custodial parent has more power or that the child’s school registration has changed.  Both parents must work together to ensure that their child has what he or she needs to complete his or her school work. In this regard, creativity is key; there are many options available to make sure that both parents continue to have safe contact with their child/children and that their children continue to succeed.

Cell phones have many apps that parents can to assist with schooling, daily check-ins, and the like to allow parents to remain a consistent part of their child’s day-to-day life. Are they perfect?  No.  Do they provide an option for parents to work together so that the child feels safe and knows that both parents are supporting him or her?  Yes.

A phrase I recently heard coming out of our “new normal” is “social cohort” where the 6’ rule does not apply to those you live with, or those whom you have embraced within your social circle to isolate with during this time.  This can include the people within the two households for custody.

The more formal options to help parents address custody issues during this time can all be held remotely.  Mediation, while not binding, provides a neutral and safe forum for parents to discuss the custody schedule and reach an agreement on their own.  Binding arbitration is a similar option that allows the parties to resolve custody issues with an arbitrator making the final decision.  Co-parenting counseling provides parents with tools to help them communicate about issues during this difficult time.

Parenting coordination is yet another option. It presents an even more formalized method to address custody issues by allowing a neutral third party to decide custody issues which an assigned judge can decided to accept (and transform into an order of court) or reject.  All of these options can result in a final resolution.

Keep in mind that these options can all be made temporary by agreement. When social distancing and other restrictions are lifted, the parties can allow custody arrangements to be returned to where things stood before this all started.

The key to the success of any of these options during the COVID-19 crisis is for parents to step outside of their relationship with each other, focus on their child/children, and determine the best way to move forward.  This is always the best plan.

For further information contact about Custody Exchanges or other Family Law questions, contact Lamb McErlane PC Family Law Attorney Carla Marino.  cmarino@lambmcerlane.com. 610-701-4413. www.lambmcerlane.com.

Carla concentrates her practice in Family Law and specializes in all aspects, including, but not limited to, pre-nuptial planning and agreements, post-nuptial agreements, divorce, equitable distribution, child custody, alimony, support, property settlement, all related litigation and mediation of issues.

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