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The COVID-19 pandemic has added stress to co-parenting, especially when it comes to custody arrangements. Some parents wonder if health concerns can allow an ex to deny custody time. If you’re facing this issue, understanding your legal rights and options is crucial. Let’s explore what you need to know about custody during this challenging time.
Understanding Custody Orders
Custody orders outline the rights and responsibilities of each parent, covering key areas like possession, visitation, and decision-making for the child. Courts issue these orders to ensure that both parents follow a structured schedule and maintain stability in the child’s life.
During the COVID-19 pandemic, many parents may feel uncertain about sticking to these schedules. However, it’s important to remember that custody orders remain in effect unless changed by a court. The Texas Supreme Court has made it clear that standard possession orders should continue despite the pandemic, meaning that parents must follow the set schedules unless a legal modification occurs.
Can Health Concerns Justify Denial of Custody?
Many parents feel concerned about their child’s safety due to COVID-19. Some may think that keeping their child away from the other parent is a justified step to prevent exposure. However, courts generally do not allow health concerns alone as a reason for one parent to deny custody time.
Parents must balance legal obligations with personal concerns. While it’s natural to worry about health risks, the courts expect parents to follow existing custody orders unless there is a serious health emergency. Even in those cases, any changes to custody should follow legal processes, not personal decisions.
When Exceptions Might Be Made
Temporary changes to a custody arrangement may be necessary if one parent, the child, or someone in either household contracts COVID-19. In such cases, it’s important for both parents to communicate clearly and work together.
If a parent or child is sick, it may make sense to adjust the custody schedule temporarily. Parents should document any changes and communicate openly to avoid misunderstandings. Any significant modifications should go through the court for approval. Having legal backing ensures the changes are recognized and enforceable, reducing the chances of future disputes.
The Role of Virtual Communication
Virtual communication methods like video calls, phone calls, and texts can help maintain contact when in-person visits aren’t possible. These options offer a way for parents to stay connected to their children during times when physical custody may be limited, such as during quarantine.
Using technology can bridge the gap when health concerns or other issues prevent a normal visitation schedule. Parents should explore these options to ensure they maintain a consistent presence in their child’s life, even when physical visits are interrupted.
Steps to Take if Custody Time Is Denied
If your ex denies your custody time without a valid reason, act quickly to address the situation. Start by calmly communicating with your ex to understand the reasoning behind the denial. Sometimes, misunderstandings or concerns about health and safety lead to these disputes.
When communication fails to resolve the issue, you should pursue legal action. Request a modification or enforcement of your custody order through the courts. Modifications can be made when both parents agree to temporary changes. If your ex continues to deny your custody time without agreement or a valid legal reason, enforcement may be necessary. This involves having a court step in to ensure the custody agreement is followed.
It’s important to consult with a family law attorney during this process. An attorney can review your case and advise you on the best course of action. They will help protect your rights and ensure that you maintain the custody time legally granted to you.
Tips for Co-Parenting During COVID-19
Co-parenting during the pandemic requires flexibility and open communication. It’s crucial to work with your ex to ensure that both of you have access to your child while keeping their safety in mind. Flexibility in handling custody schedules can help reduce stress and conflict. If possible, create a temporary arrangement that suits both parties but still follows the court’s guidelines.
Regularly check in with each other to update on any health concerns or changes in work schedules. Being transparent reduces misunderstandings and promotes trust. When both parents work together, the child benefits from a more stable environment.
Virtual communication can also help fill the gaps if in-person visits are disrupted. Stay connected through video calls or texts, so your child feels supported and engaged with both parents, even during uncertain times.
Conclusion
Custody orders remain in place unless modified by a court. If your ex denies you custody time without reason, take action through legal channels. Consult an attorney when necessary to protect your rights and ensure the court’s orders are followed.
Co-parenting during the pandemic works best when both parents stay flexible, communicate openly, and put the child’s needs first. Prioritize your child’s well-being by working together and following court guidelines responsibly.
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Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s important to speak with one of our Houston, TX child custody lawyers right away to protect your rights.
Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
