Amidst the pervasive concerns surrounding the COVID-19 pandemic, let’s shift our focus to a critical issue: how the crisis can influence child custody battles, potentially leading to the loss of child custody. While opinions on the virus may vary, it’s crucial to address how pandemic-related changes can affect custody arrangements. Protecting yourself and your family from the risk of losing child custody due to pandemic-related factors is paramount.
Take note that the virus itself has infected thousands of people in southeast Texas and has even led to the loss of life of hundreds in our region. Outside of that group of people, the rest of us have had the psychological impact of being fearful that we are the next ones to get sick. Our local government’s reactions to the pandemic have limited our livelihoods, physical mobility, and social interactions. Life as we know it has truly been turned upside down, if only temporarily.
Navigating child custody concerns amidst the pandemic
If you are a parent, then undoubtedly you have concerns regarding your child and their ability to remain healthy throughout the time period when the virus is impacting our lives. When our kids get sick that worries us. It can be a helpless feeling to see our own children have to battle through an illness of any kind at any time. However, our heightened awareness of the seriousness of this particular virus has exacerbated its impact.
Fortunately, the data bears out that thus far children are not the primary age demographic group that is at the most risk of becoming infected with the virus. With that said, it is entirely possible that someone in your family may become ill with the virus. If you and your family are living in the same home then you all would work together to keep the sick person isolated so that he or she can get well while the rest of you stay healthy. Once the sick person gets better you could resume your lives on a somewhat normal basis.
However, if you are involved in a family law case then your reality is quite different than this. Imagine that you are a parent who has recently gone through a divorce and has a standard possession order in place that allows you to be in possession of your child on the first, third, and fifth weekends of each month. You and your children have been acclimating to this schedule over the course of the past few months and were just starting to hit a groove in your lives.
Child custody amidst COVID-19: losing time
The next thing you knew, your child came down with a case of the coronavirus. While she is in good spirits and never had to go to the hospital or anything like that, she has had to rest quite a bit and stay with her mother during this time. Not wanting to infect any new people means that you have not been able to see your child, other than by video phone calls, in almost three weeks. You have a concern that once your child gets well, her mother will still not allow her to come to your house out of fear that she will get sick again. Are your fears justified and is there anything you can do in the event that you lose custody time because of the COVID-19 virus?
Today’s blog post from the Law Office of Bryan Fagan will cover the topic of what can happen during this pandemic time period where you could lose time with your child. I will share with you what scenarios may present themselves and how you can deal with them. The solutions that I lay out for you will include instructions on how you can most efficiently put yourself in a position where you can have visitation rights restored to you and make up time scheduled in case you lose visitation time with your child.
When can a parent lose child custody in a Texas family law case?
The first question that I think we need to ask is when can a parent actually lose custody of their child. If we are talking about a full-on, complete loss of custody and all rights and duties to a child, I would tell you that it is very difficult to lose custody in this way. Termination of parental rights is more closely linked to when a parent either voluntarily relinquishes those rights or when the other parent/state of Texas petitions a court to terminate your parental rights. As I’m sure you can imagine, a court will not be excited to terminate your parental rights and would only do so in extreme situations.
To terminate a parent’s parental rights is to do so with no ability to restore them. Once the parental rights are eliminated that is essentially all she wrote on that topic. Abuse, neglect, or drug use are common factors that lead to the termination of parental rights. Absent one of these circumstances it would be difficult for me to envision a time and place where your parental rights would be terminated, and you would lose custody of your child in this way.
Adjusting custody after life changes
On the other hand, it is possible for a parent to have their visitation time with their child decreased in the years following the rendition of a court order dealing with this subject. For instance, you may have been able to negotiate for split custody with your spouse in your divorce which awarded you all custody split 50/50. Many parents enter into a divorce or child custody case with this specific goal.
What happens many times after the 50/50 parenting plan goes into effect is that one parent may get a new job or have some new circumstance arise that negates their ability to see their child as frequently as a 50/50 possession schedule requires. You might have been working the day shift at your job when you got divorced. However, if you were moved to the night shift, requiring significantly more time away from home, you may find it challenging to fulfill all the weekly overnight visits required under this parenting plan.
In that case, you and your ex-spouse have a few options to consider. Option number one involves your ex-spouse not filing a lawsuit that seeks to modify and change the possession schedule that you have in order to take into consideration your new work schedule. Option number two allows you and your ex-spouse to negotiate an informal modification between the two of you. You would not have to go to court to get this done. You can save time and money- and potentially a great deal of both.
Adjusting possession schedule amid work changes
This would be the most common scenario that I could see playing out during this pandemic. Your work had to lay other people off from their jobs. As a result, your company is pulling people from the daytime shift to work at night until the economy picks back up and they can hire new workers. You are not only having to adjust your sleep schedule, but also your possession schedule with your child. What can you do in this situation to avoid finding yourself in court facing a modification lawsuit?
First, you should give your ex-spouse an opportunity to learn about these changes from you directly. Do not email or text an update on this. Your ex-spouse will likely have questions, best addressed in person or over the phone. Avoid typing out a lengthy email detailing work changes. Providing direct updates increases the likelihood of your ex-spouse understanding the situation and assisting in arranging any owed make-up visitation.
Ask your ex-spouse if she would be agreeable to coming up with an informal, modified possession schedule. It will not be easy to do this since you work nights, but I am willing to bet that the two of you can put your own interests aside and work out a schedule that is best for your child. By doing this you can avoid going to court with the judge and will not have to spend the money inherent in doing so.
Handling visitation during illness
As we mentioned at the beginning of this blog post, it is possible that you or your child (or their other parent) may get sick during this pandemic. Odds are you will not get sick with the virus, but rather with a common cold or other illness possibly related to your not being able to see your primary care doctor due to the shutdowns. If this happens to you or your child, then you have some decisions to make as far as how to handle visitation time.
The responsible and safe thing to do would be to keep your child away from the sick parent until he or she gets better. If your child becomes ill, they should be the one to be quarantined. Here’s where it gets tricky: Suppose your child gets sick right before they are scheduled to come to your house for a longer summer stay in a few days. Since the school year is officially over at this point it is entirely possible that your child could have been getting ready to come see you. Now that she is ill it is likely that she will be staying at home with your ex-spouse.
How can you get any make-up visitation time with your child and not run the risk of “losing child custody” during the pandemic? First, I would seek updates as often as possible from your ex-spouse and your child on how she is doing. Obviously, your primary concern is her health. You can worry about make-up visitation time later. Utilize FaceTime, regular phone calls, and other technological means during this period. Remember that your child is sick right now and needs reassurance. She probably misses you a great deal, as well.
Negotiating make-up visitation
Then, once your child is on the mend and is better physically you can work out a schedule to start to get the make-up visitation time that we alluded to a moment ago. Keep in mind that if you lost two weeks of visitation time you do not have to demand all that time up front. Dividing it out over time may be less jarring to your child’s schedule.
In the event that your ex-spouse does not allow you to negotiate for make-up visitation time, the option that you could pursue would be to file for an enforcement lawsuit. Your ex-spouse has violated the order that allows you a certain period of visitation. Your ex-spouse cannot withhold your child from you for no reason now that he or she is healthy and feeling better. Review your court orders to determine the procedures for arranging make-up visitation time if necessary. Speak to an experienced family law attorney if you need help in this regard.
Conclusion
Amidst the myriad challenges posed by the COVID-19 pandemic, the potential impact on child custody battles looms large. As we navigate these uncertain times, it becomes increasingly vital to safeguard our families from the risk of losing child custody due to pandemic-related factors. By staying informed, proactive, and seeking legal guidance when necessary, we can mitigate these risks and ensure the well-being of our loved ones remains a top priority in the face of adversity.
Questions about family law and the pandemic? Contact the Law Office of Bryan Fagan
If you have any questions about the material that we discussed in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week via video and phone. If you are considering filing a family lawsuit or just want to learn more about the services that our office provides to clients, please get in touch with us today. It would be our honor to serve you and your family just as we have done for other families in our area.
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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.