'New Battle for Those on Coronavirus Front Lines: Child Custody' diff viewer (11/12)

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New Battle for Those on Coronavirus Front Lines: Child Custody	New Battle for Those on Coronavirus Front Lines: Child Custody
2020-06-24 00:56:10 UTC	2020-06-24 06:02:37 UTC (about 5 hours later)
Last month, Dr. Bertha Mayorquin, a New Jersey physician, told her soon-to-be ex-husband that there was a change in plans. After two weeks of providing treatment by video as a precaution against the coronavirus, she would resume seeing patients in person.	Last month, Dr. Bertha Mayorquin, a New Jersey physician, told her soon-to-be ex-husband that there was a change in plans. After two weeks of providing treatment by video as a precaution against the coronavirus, she would resume seeing patients in person.
But when she left work on a Friday to pick up her two daughters for the weekend, her husband, Wendell Surdukowski, presented her with a court order granting him sole temporary custody of the young girls. His lawyer had convinced a judge that Dr. Mayorquin could expose the children, 11 and 8, to Covid-19.	But when she left work on a Friday to pick up her two daughters for the weekend, her husband, Wendell Surdukowski, presented her with a court order granting him sole temporary custody of the young girls. His lawyer had convinced a judge that Dr. Mayorquin could expose the children, 11 and 8, to Covid-19.
The doctor, an internist, had intended to spend the weekend celebrating her younger daughter’s birthday. Instead, she spent it frantically assembling 50 pages of paperwork to try to reverse the order.	The doctor, an internist, had intended to spend the weekend celebrating her younger daughter’s birthday. Instead, she spent it frantically assembling 50 pages of paperwork to try to reverse the order.
“Many people working in the hospitals — doctors, nurses, so many of us — are parents,” said Dr. Mayorquin, whose hospital had asked her to start treating non-coronavirus patients at an urgent care center to ease the burden of the pandemic. “Are our children going to be taken away from us because we are on the front lines helping people?”	“Many people working in the hospitals — doctors, nurses, so many of us — are parents,” said Dr. Mayorquin, whose hospital had asked her to start treating non-coronavirus patients at an urgent care center to ease the burden of the pandemic. “Are our children going to be taken away from us because we are on the front lines helping people?”
That question is arising across the country as a growing number of parents have begun to withhold access to their children from former spouses or partners over fears of infection, according to families, lawyers and judges. For health care or other essential workers, the battles are infused with heightened controversy. Some say they shouldn’t be punished for doing crucial services; their counterparts argue that the jobs pose too great a risk to other family members.	That question is arising across the country as a growing number of parents have begun to withhold access to their children from former spouses or partners over fears of infection, according to families, lawyers and judges. For health care or other essential workers, the battles are infused with heightened controversy. Some say they shouldn’t be punished for doing crucial services; their counterparts argue that the jobs pose too great a risk to other family members.
“If there’s an imminent threat to the kid’s well-being, you must take action, whether that’s something like drug abuse or a virus,” Mr. Surdukowski said. “Watching the news, looking at the cases of doctors being sick, you cannot tell me that they are not at a higher risk.” Mr. Surdukowski, who has an underlying condition, had told the judge that he was also concerned about his own health.	“If there’s an imminent threat to the kid’s well-being, you must take action, whether that’s something like drug abuse or a virus,” Mr. Surdukowski said. “Watching the news, looking at the cases of doctors being sick, you cannot tell me that they are not at a higher risk.” Mr. Surdukowski, who has an underlying condition, had told the judge that he was also concerned about his own health.
Amid the pandemic, the landscape of family law, which varies across the country, has become more uneven, with few guidelines to address the current safety concerns. Families of medical workers aren’t the only affected. Other parents are arguing over who comes and goes from each home, whether children should be on the playground and if travel to more remote areas should be permitted.	Amid the pandemic, the landscape of family law, which varies across the country, has become more uneven, with few guidelines to address the current safety concerns. Families of medical workers aren’t the only affected. Other parents are arguing over who comes and goes from each home, whether children should be on the playground and if travel to more remote areas should be permitted.
“What we are recommending is to figure out a way for visitation to go forward, and if there’s an emergency worker, to figure out how to salvage it as best as you can,” said Susan Myres, president of the American Academy of Matrimonial Lawyers. “We can’t make those people have to sacrifice more, but how do we do that custody safely?”	“What we are recommending is to figure out a way for visitation to go forward, and if there’s an emergency worker, to figure out how to salvage it as best as you can,” said Susan Myres, president of the American Academy of Matrimonial Lawyers. “We can’t make those people have to sacrifice more, but how do we do that custody safely?”
Some courts have issued administrative orders addressing the coronavirus crisis. For example, the state district court in Davidson County, Tenn., said that the “primary residential parent” should take custody of the child within four hours of a shelter-in-place order and retain sole custody until the order is lifted.	Some courts have issued administrative orders addressing the coronavirus crisis. For example, the state district court in Davidson County, Tenn., said that the “primary residential parent” should take custody of the child within four hours of a shelter-in-place order and retain sole custody until the order is lifted.
The Massachusetts Probate and Family Court’s chief justice issued an open letter saying it was important that children spend time with both parents who had approved custody agreements. If a parent must self-quarantine or otherwise be restricted from contact, both parents should cooperate to allow time with children by video conference or telephone.	The Massachusetts Probate and Family Court’s chief justice issued an open letter saying it was important that children spend time with both parents who had approved custody agreements. If a parent must self-quarantine or otherwise be restricted from contact, both parents should cooperate to allow time with children by video conference or telephone.
But those orders do not directly address what should happen when one parent is continuing to work on the front lines. The court system in New York, the epicenter of the coronavirus outbreak, has not issued any written child custody guidance at all.	But those orders do not directly address what should happen when one parent is continuing to work on the front lines. The court system in New York, the epicenter of the coronavirus outbreak, has not issued any written child custody guidance at all.
“It’s not like there’s case law or clear guidance,” said Conti Moore, a lawyer who works on child custody cases in Florida. “This is unprecedented. It all boils down to: How do you co-parent in a pandemic?”	“It’s not like there’s case law or clear guidance,” said Conti Moore, a lawyer who works on child custody cases in Florida. “This is unprecedented. It all boils down to: How do you co-parent in a pandemic?”
When parents do seek help from the courts, they are getting very different responses. Some courts are largely shuttered. Others are holding emergency hearings online. And one jurisdiction’s definition of emergency may not be another’s.	When parents do seek help from the courts, they are getting very different responses. Some courts are largely shuttered. Others are holding emergency hearings online. And one jurisdiction’s definition of emergency may not be another’s.
Last week, Tabatha Sams, a client of Ms. Moore’s who lives in a suburb of Orlando, decided she no longer felt comfortable sharing her 21-month-son with his father, Stephen Thilmony, a firefighter. He sought to assure her that he and his fiancée, an emergency room nurse, were taking the proper safety measures, including wearing personal protective equipment while at work. But Ms. Sams had watched with growing alarm as Covid-19 cases swept across the country.	Last week, Tabatha Sams, a client of Ms. Moore’s who lives in a suburb of Orlando, decided she no longer felt comfortable sharing her 21-month-son with his father, Stephen Thilmony, a firefighter. He sought to assure her that he and his fiancée, an emergency room nurse, were taking the proper safety measures, including wearing personal protective equipment while at work. But Ms. Sams had watched with growing alarm as Covid-19 cases swept across the country.
Finally, she reached a breaking point. “I said, ‘I’m not comfortable with the situation,’” Ms. Sams recalled. “I can’t roll the dice.” On her lawyer’s advice, she filed an emergency motion asking a judge to grant her sole custody for the length of her state’s shelter-in-place order.	Finally, she reached a breaking point. “I said, ‘I’m not comfortable with the situation,’” Ms. Sams recalled. “I can’t roll the dice.” On her lawyer’s advice, she filed an emergency motion asking a judge to grant her sole custody for the length of her state’s shelter-in-place order.
“There are still first responders sleeping in cars to stay away from their families,” Ms. Moore, the lawyer, said. “It seems only right that the child stay with the parent with the least likelihood of exposure. The courts have to deal with this.”	“There are still first responders sleeping in cars to stay away from their families,” Ms. Moore, the lawyer, said. “It seems only right that the child stay with the parent with the least likelihood of exposure. The courts have to deal with this.”
In a written response, Mr. Thilmony’s lawyers told the court that Ms. Sams had not cited anything specific that he was doing to put their son at risk, and that she was seeking to deny him agreed-upon time with his child after they had battled over parenting issues unrelated to the coronavirus. “The father should not be denied contact by the mother, through the emergency motion, due to his position as a firefighter,” they wrote. Mr. Thilmony declined to comment for this article.	In a written response, Mr. Thilmony’s lawyers told the court that Ms. Sams had not cited anything specific that he was doing to put their son at risk, and that she was seeking to deny him agreed-upon time with his child after they had battled over parenting issues unrelated to the coronavirus. “The father should not be denied contact by the mother, through the emergency motion, due to his position as a firefighter,” they wrote. Mr. Thilmony declined to comment for this article.
	The judge scheduled an online hearing so that both parents could attend and have adequate time to prepare. They will make their arguments on Tuesday.
Updated June 22, 2020	Updated June 22, 2020
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.	A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.	The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.	The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.	So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.	Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.	A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.	The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.	States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.	Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)	If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.	If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.	If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
~~The judge scheduled an online hearing so that both parents could attend and have adequate time to prepare. They will make their arguments on Tuesday.~~
In New Jersey, Mr. Surdukowski got an emergency hearing the same day his lawyer filed the motion. It was late on a Friday afternoon, and when Dr. Mayorquin’s lawyer could not be reached by phone, the judge issued the order, granting Mr. Surdukowski sole temporary custody.	In New Jersey, Mr. Surdukowski got an emergency hearing the same day his lawyer filed the motion. It was late on a Friday afternoon, and when Dr. Mayorquin’s lawyer could not be reached by phone, the judge issued the order, granting Mr. Surdukowski sole temporary custody.
Distraught at the separation from her daughters, Dr. Mayorquin immediately began preparing to get them back. She ticked off the points: She did not intend to treat patients with Covid-19. She would wear personal protective gear, and change out of her scrubs and shower immediately when she got home. But, in the end, she felt the safest course was to meet Mr. Surdukowski’s demand that she not see any patients in person.	Distraught at the separation from her daughters, Dr. Mayorquin immediately began preparing to get them back. She ticked off the points: She did not intend to treat patients with Covid-19. She would wear personal protective gear, and change out of her scrubs and shower immediately when she got home. But, in the end, she felt the safest course was to meet Mr. Surdukowski’s demand that she not see any patients in person.
The hospital let her retreat to her telemedicine job. As much as Dr. Mayorquin regretted not being able to do more at a time of critical need, she said she felt she had no choice. “I didn’t want to fight,” she said. “I just wanted my kids back.”	The hospital let her retreat to her telemedicine job. As much as Dr. Mayorquin regretted not being able to do more at a time of critical need, she said she felt she had no choice. “I didn’t want to fight,” she said. “I just wanted my kids back.”
The assurance worked. The next Monday, after an online hearing, the judge reversed the order.	The assurance worked. The next Monday, after an online hearing, the judge reversed the order.
In Monterey County, Calif., Lisa Chu filed an emergency motion seeking sole temporary custody of the 11-year-old twins and 9-year-old son she shares with her ex-husband, Steven Biakanja, a firefighter. He would have to produce a negative result from a coronavirus test every time he was scheduled to see the children — an impossible demand, given the limited availability of screening.	In Monterey County, Calif., Lisa Chu filed an emergency motion seeking sole temporary custody of the 11-year-old twins and 9-year-old son she shares with her ex-husband, Steven Biakanja, a firefighter. He would have to produce a negative result from a coronavirus test every time he was scheduled to see the children — an impossible demand, given the limited availability of screening.
Under their court-approved parenting plan, the children normally spend roughly 60 percent of the time with her, and the rest with him. But two weeks ago, Ms. Chu wanted to withhold the children from Mr. Biakanja after two fellow firefighters tested positive for Covid-19. They and others at his firehouse quarantined at home. Mr. Biakanja assured her that he would self-quarantine if he developed symptoms or had known contact with anyone infected with the virus.	Under their court-approved parenting plan, the children normally spend roughly 60 percent of the time with her, and the rest with him. But two weeks ago, Ms. Chu wanted to withhold the children from Mr. Biakanja after two fellow firefighters tested positive for Covid-19. They and others at his firehouse quarantined at home. Mr. Biakanja assured her that he would self-quarantine if he developed symptoms or had known contact with anyone infected with the virus.