WE CARE LEGAL SERVICES
(1-855-LAW-FAMILY)
Available 24/7 for Divorce, Child Custody, Support, Protection From Abuse, and Adoption Assistance.
www.WeCareLegalPa.com.
Always a free consultation.
While the COVID-19 outbreak has certainly made things different for We Care Legal Services, it hasn’t changed the commitment to clients and desire to keep families safe.
Although the Bucks County Common Pleas Court has wiped its schedule of regularly scheduled matters, it remains open for emergencies. Jan Grossman, the managing partner of We Care Legal Services, said the firm continues to serve clients, especially on custody matters and protection from abuse orders.
According to Grossman and attorney Ashley Adams, there have been about 10 calls so far from parents who have primary custody and are concerned about sending their child to be with the other parent due to COVID-19.
“Some of these mothers are actually nurses,” he said. “Some of the questions they have are ‘we don’t know where this parent has been?’ and ‘we don’t know who he’s been exposed to?’”
Calls from parents are coming to the firm more and more as outbreak-related closures continue.
“Naturally, parents have concerns about sending their kid to the other custodial parent’s home,” Adams said.
Mothers and fathers are afraid that if they don’t send the child to the other parent, they could be held in contempt of a custody order, Adams explained.
“They are worried if they’re in contempt of the custody order, they may be punished, but if they send their child that the child might possibly get ill or even die,” Grossman said.
The team at We Care Legal Services are not advising any clients to disobey a court order, Grossman stressed.
Grossman, an attorney and child psychologist advises primary custodial parents with concerns to ask intelligent questions of the other parent with visitation – where that parent has been and who’ve they’ve had contact with – in written form, even if in text message or email. He recommended asking the parent who will be getting visitation the parents for a written guarantee that they will follow all state and federal health guidelines.
The current situation can force the custodial parent to “make tough decisions” while looking out for their child, Grossman and Adams said.
Grossman noted that deviations from custody agreements are in violation if they are “intentional.” with “ill will or without good cause.” He said it will be on a case by case basis decided by a judge if keeping a child home during a pandemic falls in those guidelines. If a parent decides to hold a child back, they should offer the other parent “make-up” time as a show of good will.”
“The act of not sending the child is not in itself contempt. That can only be determined if the parent scheduled to get the child for visitation sues for contempt and can be proven to a judge by clear and convincing evidence that contempt occurred,” the longtime family court attorney said.
Bucks County’s courts, like so many others, are operating on an emergency-only basis and not holding regular court hearings. Grossman said non-emergency court hearings are not expected to resume until mid-April and even that date could be extended.
However, the court will be allowing phone conferences for certain emergency custody situations where a child may be in physical danger from an abuser where there is an existing custody agreement or where none presently exists.
On a phone conference, both sides will speak with a custody master who will try to get both parties to come to an agreement. If there is no agreement, the custody master will write a recommendation to a judge, who will be able to rule on the matter.
For Grossman, a major concern with the stay-at-home order and many businesses closed is that couples are staying in together alone, getting on each other’s nerves and potentially drinking or doing drugs. The situation could lead to domestic abuse or make an abusive relationship worse.
In abuse situations, Grossman and his team of attorneys have been able to talk with victims through phone calls or skype and assist them in filing for emergency protection from abuse (PFA) orders Monday through Friday.
In Doylestown, there are judges working to handle emergency PFA cases. While Grossman and his team are willing and able to assist clients through phone calls and emails, the client will have to come before a judge for an emergency PFA request.
“If the judge believes it is an emergency and relief is granted, the minute the police serve that order it is in effect until at least Wednesday, April 15,” Grossman said.
Normal emergency orders only last 10 days, but the court shutdown has extended the clock. Bucks County’s courts, like so many others, are operating on an emergency-only basis and not holding regular court hearings, delaying due process.
Grossman said We Care Legal Services will continue to handle other matters, including wills, powers of attorney, medical directives, and all child custody issues by phone or Skype until the Corona Virus emergency is over.
“Our services are immediate and we’re on duty 24/7,” he said, noting consultations will be via electronic means or phone calls.
Wherever you live in the Bucks County, Philly, Montgomery County or New Jersey, WE CARE LEGAL is available 24/7 at 1-855-LAW-FAMILY to immediately handle all of your child custody, grandparent custody rights and adoption needs.