COVID-19 has brought new challenges to parenting, especially when it comes to custody. With health risks, school closures, and shifting schedules, understanding your custodial rights during the pandemic is essential. Whether it’s adjusting visitation or making decisions about your child’s health, knowing what you can and cannot do helps ensure their well-being during these uncertain times.
Key Custodial Rights During the Pandemic?
Visitation and Time with Your Child
Stay-at-home orders and restrictions have made custody schedules more complicated. Some parents face issues with travel or health concerns, which can disrupt their visitation. Despite the pandemic, courts in Texas expect parents to follow custody agreements. Even when circumstances change, the existing orders still stand unless modified by the court.
Modifying Custody Arrangements Due to COVID-19
Parents may seek temporary adjustments for safety or health reasons. You might need to limit in-person visits due to a COVID-19 exposure or change your child’s living situation to protect a vulnerable family member. Negotiating these changes with the other parent helps avoid legal issues, but it’s important to document any agreed modifications. Courts can formalize temporary adjustments if parents cannot agree.
Child Support Payments
Receiving or Paying Child Support During the Pandemic
COVID-19 has caused many job losses and reduced incomes, which directly impacts child support payments. If you’ve experienced a loss of income, you may need to request a temporary modification to your support order. However, until the court grants a change, your legal obligation to pay remains. Likewise, if you’re the parent receiving support, you have the right to continue receiving payments unless the court alters the order.
Educational and Medical Decision-Making During COVID-19
Educational Choices
COVID-19 brought new options like remote learning, hybrid schedules, and in-person schooling. You and your co-parent must work together to choose the best schooling option for your child. Courts expect parents to cooperate, especially when the child’s safety and education are at stake. It’s crucial to maintain open communication and focus on what’s best for your child.
Medical Decisions and Custodial Rights
Parents also face decisions about routine medical care and vaccinations. These choices require cooperation, particularly when one parent has concerns about COVID-19. Emergency medical rights still allow one parent to make urgent decisions when needed. Routine or elective treatments, such as vaccinations, typically require agreement from both parents. Disputes over issues like COVID-19 protocols may need legal intervention if they become significant.
Addressing COVID-19 Safety Concerns in Custody Arrangements
Protecting Your Child’s Health
Parents need to ensure their child’s safety during transitions between households. Both parents should take precautions like following health guidelines and informing the other parent of any COVID-19 exposure. If one parent tests positive, they should alert the other immediately to make alternative arrangements for custody, if needed.
Communicating with Your Co-parent
Effective communication is essential to address safety concerns. Discuss changes openly and promptly to avoid misunderstandings. If you and your co-parent cannot agree on handling the situation, mediation or legal action may be necessary to resolve disputes. Courts prioritize the child’s best interest, so maintaining a calm and cooperative approach is crucial.
What Happens if a Parent Contracts COVID-19?
Handling Custody If a Parent Falls Ill
If a parent contracts COVID-19, temporary custody shifts may be necessary. Courts generally prioritize the well-being of the child and will consider temporary adjustments to ensure their safety. If you cannot care for your child due to illness, the other parent may take on full custody until you recover. You still retain your legal rights as a parent, but immediate health concerns will influence custody decisions.
Legal Rights in Emergencies
In emergencies like a COVID-19 diagnosis, the ill parent can temporarily transfer custody without permanently losing their custodial rights. Courts step in to formalize temporary changes if needed, but parents are encouraged to work out arrangements themselves first. Communication between both parents helps avoid legal complications, but courts remain an option if conflicts arise.
Legal Recourse and Adjustments During COVID-19
Court Procedures and Delays
The pandemic has slowed down many court procedures. Family courts have adapted through virtual hearings and remote filings, but delays are still common. Parents needing custody modifications or other changes should prepare for extended timelines. Courts remain open for urgent matters, but non-urgent issues may face longer wait times due to the backlog.
Steps to Modify Custody Orders
If you need to modify an existing custody order during the pandemic, begin the process early. Discuss any needed changes with your co-parent and try to reach an agreement before turning to the courts. If no agreement is possible, file for a modification, and the court will review the request. Be prepared for delays, but understand that courts prioritize urgent cases, including those related to child safety and illness.
Conclusion
Understanding your custodial rights during the pandemic is essential for protecting your child and maintaining stability. Flexibility and communication between parents help manage unexpected challenges like illness or school changes. Seeking legal advice when necessary can clarify any uncertainties and ensure that your rights remain protected. Keep your child’s well-being at the forefront of all decisions, and approach conflicts with a mindset focused on cooperation.
Other Related Articles:
- Mom Versus Dad Who Gets the Rights? – Custodial Rights Vs. Non-Custodial Rights in Texas
- What Are My Custodial Rights During COVID-19?
- What Are My Custodial Rights During COVID-19? A blog post for Texas fathers
- Non-Custodial Parent Rights in Texas
- How to Handle Child Support as a Non Custodial Parent
- How to Handle Child Support as the Non Custodial Parent, Part Two
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
