Parenting Time Exchanges During COVID-19 Pandemic

Expert Contribution by Donahue Hagan Klein & Weisberg, LLC

On March 21, 2020, Governor Murphy issued Executive Order #107, directing New Jersey residents to remain at home. However, detailed exceptions allow New Jersey residents to be in the public under certain circumstances. Two of those exceptions were (a) visiting family or other individuals with whom the resident has a close personal relationship, such as those for whom the individual is a caretaker or romantic partner; and (b) walking, running, operating a wheelchair, or engaging in outdoor activities with immediate family members, caretakers, household members, or romantic partners while following best social distancing practices with other individuals, including staying six feet apart.

Governor Murphy did not specifically address parenting time exchanges in situations where parents are separated or divorced and children regularly move between two separate households. However, in the spirit of the light exceptions that Governor Murphy did detail; Judges and lawyers are generally concluding that Governor Murphy did not intend to interfere with parenting exchanges. Therefore, custody agreements pertaining to parenting time should continue unless safety concerns outweigh, for example, in the care of one parent being regularly in contact with those suffering from COVID-19 due to the nature of his or her employment, such as an emergency room professional.

For more information or assistance with this issue, please contact either Stephanie Frangos Hagan at shagan@dhkwlaw.com or Phyllis S. Klein at pklein@dhkwlaw.com or call at (973) 467-5556.