Since the recent spike in infections, more and more Americans are wearing masks as a way to try to slow the COVID-19 infection. Those who don’t may have problems with child custody and visitation issues, reports a Florida newspaper article discussing various cases in the Sunshine State.

More than 6 in 10 Americans surveyed reported they feel more favorably about people wearing masks, National Geographic reported in October. The magazine and Morning Consult polled about 2,200 people that month. They found a steady increase in mask usage by those of all ages, demographic groups, and political leanings since a similar poll taken in July.

About 92 percent of 2,200 Americans polled stated they wear a face mask when leaving their home. Those who say they “always” wear one outside are 74 percent of respondents. That’s an increase of about a quarter since July.

Taking these precautions to protect others, especially your children, would be a wise move if you’re involved in a family law dispute concerning your children.

Social Media Post Gets Parent in Trouble. Again.

The child’s best interests are the basis of a court’s child custody and parenting time decisions. The child’s health is a major issue, especially if he or she has a chronic condition that may pose a threat during a nationwide pandemic. COVID-19 might be a genuine concern for a parent or it just might be something to exploit to leverage custody of a child.

The South Florida Sun-Sentinel reports Melanie Joseph has a 14-year-old son with asthma. The condition increases the risks of severe COVID-19 complications. She’s been involved in a 13-year custody dispute with his father, her ex-husband. This is just the latest and most-known skirmish of their ongoing battle.

Broward Circuit Judge Dale Cohen called Melanie an “anti-mask person” with the “audacity” to brag about it on social media. She got the judge’s attention when she posted a picture of herself, maskless, in her oral surgeon’s waiting room. She claimed she was alone and didn’t pose a threat to anyone.

Mother Needs to Wear a Mask During Supervised Visits. Mandatory Vaccine Yet to be Decided

Judge Cohen stated in an online hearing in September Melanie needed to wear a mask or there would be no time with her son. Her attorney asked him to remove himself from the case. He declined. The judge ruled in-person visits would be supervised because he didn’t trust Melanie to wear a mask with her child.

Melanie moved to North Carolina earlier in the year while her ex-spouse lives in Florida. The judge declined to create a long-distance parenting plan. Judge Cohen stated during the hearing:

When this pandemic is over and there’s no cases and there’s a vaccine…the mother is going to need to get a vaccine as well. When I have proof that everybody’s safe and the child’s not at risk or danger, then we can talk about a long-distance parenting plan.

The mask issue wasn’t explicitly in Cohen’s written ruling and he back-pedaled on the vaccine mandate. He stated once a safe and reliable vaccine against COVID-19 is available, Joseph and her son may be vaccinated, eliminating the danger of the disease.

South Florida custody decisions made the news early in the pandemic. An emergency room doctor treating coronavirus patients lost custody of her 4-year-old daughter in one proceeding. The decision was quickly reversed on appeal. The child’s parents later resolved their custody dispute. An Orlando mother objected to shared custody of the son she had with her ex-husband, citing infection risks. He’s a firefighter who was engaged to an emergency room nurse. The judge ruled for the father.

Taking the Next Step

Want your questions about child custody and parenting time answered? Need legal representation to protect yourself and your children? If so, contact our Kingston NJ law offices. You may reach us online, via email (hisaacs@kingstonlawgroup.com), or by phone (609-683-7400). We are here to help you. It is our mission and goal to do so.

We will schedule you for a near-term, reduced rate initial consultation, whether protected by social distance and masks, Zoom, or phone.  We take credit cards and make appointments from 9 a.m. to 5:30 p.m., Monday to Friday, plus evening appointments during the week by pre-arrangement only. Contact us today. You’ll be glad you did.