TIMESHARING AND
CORONAVIRUS
By K. Dean Kantaras and Roberta Blush
As the world deals with the
coronavirus pandemic,
family law practitioners find
themselves in uncharted
territory. Though counties, cities, and states
have implemented certain protocol to help
stop the spread of the coronavirus and keep
citizens protected, there has been little to
no guidance as to how timesharing should
be handled while these protocols are in
place. As of the date of this article, neither
the Florida Supreme Court nor local courts
have entered an administrative order
regarding the impact of Safer at Home
orders and coronavirus on timesharing.
Until they do, here are a few things coparents
should keep in mind:
First, remember that it takes two people
to successfully co-parent children. The
safety measures taken in one household
may not be the same as those taken in the
other household; however, this doesn’t
automatically mean that children are not
safe at the other home, or the other parent is
not properly protecting the children. If you
believe the other parent is not following
the social distancing guidelines, try to
have an amicable conversation about it to
establish agreed-upon safety measures that
will be taken in both homes. Ultimately,
you cannot force your safety measures on
the other parent.
Second, it is important for you and
your co-parent to stick to the parenting
plan that is currently in place. The Safer
at Home orders in Pinellas County and
Hillsborough County make no mention
of limiting or prohibiting timesharing
due to the coronavirus. Without a court
order modifying the timesharing schedule,
neither parent has the right to withhold
timesharing from the other parent, or to
unilaterally dictate what the schedule
will be in the midst of the coronavirus.
If you are a parent whose timesharing is
being unilaterally withheld, your remedy
is to seek court intervention through
the filing of a motion for contempt and
enforcement. If the withholding parent is
found in contempt, makeup timesharing
126 TAMPA BAY MAGAZINE | MAY/JUNE 2020
to see the other parent as they normally
do. It is recommended that parents
work together to implement alternative
methods of communication to minimize
the impact changes in timesharing have
on the children. For example, you can use
Skype or FaceTime to read to your children,
play games, or even color with them. If one
parent’s timesharing has been suspended,
agree upon the frequency and duration of
the alternative method of communication.
The goal should be to maintain as much
normalcy for children as possible. By
limiting the interaction, the other parent
has with the children during these times,
you are not encouraging a relationship
between the children and other parent.
This is something the court will no doubt
take note of at future hearings regarding
timesharing.
In sum, the best thing you can do for your
children is to maintain the timesharing
schedule that has already been put in
place. If you have a good faith basis to
believe your co-parent is not implementing
adequate safety measures for your child,
you can seek court intervention. However,
that isn’t always the best option. Not
every set of facts warrants a suspension
of timesharing. Speak with an attorney
and try to use utilize other methods to
ensure the safety of your children without
minimizing their timesharing with the
other parent.9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years and
is “AV” rated by Martindale-Hubbell. Roberta
“Bobbi” Blush is a graduate of the University of
Florida and Florida Coastal School of Law, who
was admitted to the Florida Bar in 2014. Their
offices are located at 3531 Alternate 19, Palm
Harbor, 34683, (727) 781-0000 and 1930 East
Bay Drive, Largo, 33771, kantaraslaw.com.
LAW
K. Dean Kantaras, Esq.
may be awarded. If you are concerned that
the other parent is not following social
distancing guidelines or is putting your
child’s safety at risk, you may file a motion
seeking to suspend the other parent’s
timesharing. It is not recommended that
you unilaterally suspend the timesharing
of the other parent without first obtaining
a court order. Additionally, it is important
that you have sufficient facts to request
that the other parent’s timesharing be
suspended. Being concerned about
coronavirus, by itself, is not a reason to
request the suspension of the other parent’s
timesharing. Whether you are the parent
whose timesharing is being withheld or the
parent who want to suspend the other’s
timesharing, the best practice is to speak
with an attorney first.
Third, remember that your actions and
decisions have an impact on your children.
Uncertainty is happenstance right now,
and children are feeling the effects just as
much as adults. Children who have been
exercising a timesharing schedule expect