With news surrounding COVID-19 (Coronavirus) changing on what seems to be a daily basis, this undoubtedly leaves parents with many questions about custody and visitation. To help, we’ve put together this FAQ to answer some of the most common questions parents have regarding child visitation and COVID-19.
Is my child able to travel if they are currently somewhere with a stay home order?
On March 24th, the Texas Supreme Court issued an order that remains in effect until May 8, 2020 stating that “existing court orders in child-possession cases shall control “in all instances” to determine rights to and access to children, regardless of so-called shelter-in-place mandates or other restriction on movement.”
This means that the possession of access to a child (or visitation) is not affected by shelter-in-place orders. This includes other restrictions put in place by cities and counties due to COVID-19.
In fact, many shelter-in-place orders in Texas say that traveling to exchange children is not a violation of the order.
Am I able to keep my child from the other parent if I think someone in their household is at risk of contracting COVID-19?
Because court orders for child visitation are still effect, you risk violation of that order by not letting your child go. The other parent could potentially file a motion to enforce, which would essentially put you in contempt of court. To avoid this, it’s a good idea to speak with the other parent to see if an agreement may be able to made in the interim.
We understand this is unsettling for most parents as you are concerned about the health and safety of your child. Because of this, it may be in your best interest to speak with a family law attorney to offer legal advice on how to handle this matter. The court will require documentation of your decision if you decide to keep your kids against a court order.
I’m still concerned about child visitation due to COVID-19.
This is understandable. To help better understand what to do about possession and access of children with stay at home orders, the Texas Supreme Court’s Seventh Emergency Order Regarding the COVID-19 State of Disaster does offer additional guidance.
Additionally, if the court in your county permits it, you and the other parent may be free to come to a child visitation agreement that works for your family.
Common reasons parents don’t want their child going with the other parent at this time include:
- Someone in the house has been diagnosed with COVID-19;
- Or that someone in the house was exposed to someone who has COVID-19;
- Belief that the other parent is not practicing safe social distancing;
- Someone living in the other parent’s house is more vulnerable to Coronavirus, such as someone who is elderly;
- Perhaps the child has been exposed to COVID-19 and you do not want to expose them to the other parent’s household.
While these are all valid reasons for wanting to keep your child, it’s important to understand that the child visitation order is still in effect. However, it is possible to have court orders modified.
What if it’s my turn for visitation, but other parent is keeping our child?
Under normal circumstances, you could try to have your court order enforced. Given the situation and the fact that something like this has not occurred before, it may be best to speak with an attorney if you are unable to receive visitation from the other parent.
What does this mean for visitation if my child’s school is closed for the foreseeable future due to COVID-19?
The majority of school districts have closed schools and changed schedules for 2020 to help slow the spread of the Coronavirus. The Texas Supreme Court issued a Second Emergency Order Regarding the COVID-19 State of Disaster that is in effect until May 8, 2020 which states that standard possession orders and original school schedules still apply. Specifically, the order reads, “Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID-19 pandemic.”
With that being said, if the original child visitation order followed school schedules, it still applies in this case.
What happens if the other parent files an enforcement of court order?
In this case, you will want to file an answer. This is your response to the claim made by the other parent in a lawsuit. Because of this, speaking with an experienced attorney is an ideal option to best understand what to do next.
If the other parent does file a motion to enforce visitation, he or she may request things from the court such as:
- Contempt of court (penalties could includes fines and/or jail time);
- Reimbursed expenses from trying to receive visitation;
- Additional parenting time to the original order.
What if the other parent and I live in different states?
In the State of Texas, court-order visitation will still apply. This means that lawsuits regarding parent-child relationship are unaffected. However, as of March 30, 2020 travelers coming from Louisiana are ordered to self-quarantine by Texas Governor Abbott. Quarantines might also apply to other states as well.
To stay up to date on the latest orders, periodically review the official website of the Office of the Texas Governor.
Additional Questions?
As as family law firm, we understand how frustrating and concerning these times are for you and your children. If you have further questions regarding child visitation and COVID-19, we encourage you to contact us.