Q: Can I file for emergency custody if my ex is not following guidelines during the pandemic and my kids are sick?
My wife's ex husband has split custody with my wife and I, 7/7, and our residence is their primary. My wife's ex husband has allowed the children to sleep over at friends' houses, taken them to public places and exposed them to unnecessary risk that we (as a group) had previously agreed would not happen without consent of both parties. Today when we received the kids, one of them was sick and we learned they had been taken to a party. My entire household has now been tested for COVID (awaiting results). Can we file for an emergency change to the custody agreement to pursue sole custody since he has demonstrated throughout this pandemic that he will not abide by guidelines and through his disregard has also exposed my wife and I as well as the kids to harm and exposure?
A: Your custody attorney can file for ex Parte. However, the 1st circuit has already decided they will not interfere with joint or shared custody if one parent has a front line job. Their reception to risky behavior may be similar. Additionally for family law cases, the 21st JDC has already recomenced in person court. Whereas the 24th, 22d and Orleans District Courts have not.
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