With the ongoing issues and complications spurred by the Coronavirus, many parents have questions about the impact this situation may have on their possession schedules. Undoubtedly, parents who share custody of children have wondered if their children must go back and forth between both parents’ houses during this pandemic; thereby potentially increasing the exposure to the virus for all those involved. In fact, as businesses and schools began closing, the number of questions we received from concerned parents increased rapidly. Given that we are all facing an unprecedented situation, family law attorneys and judges took to social media for discussions with each other about this issue.
Fortunately, the Supreme Court of Texas issued an emergency order (https://www.txcourts.gov/media/1446251/209050.pdf) to clarify this situation. According to that emergency order, dated March 24, 2020, parents are to continue following the possession schedules outlined in their court orders. The shelter-in-place / stay home orders that some counties and cities have implemented do NOT override the possession schedule set forth in your individual court order.
What does this mean? So, we now know that the Supreme Court of Texas has clarified that parents should continue to exchange possession of children as they were doing before this pandemic. But, what if you have concerns about your child going to your co-parent’s house? Perhaps he or she is not adhering to the social distancing mandates. Maybe that person just returned from traveling. Or, perhaps your co-parent is an “essential person” and you are worried about potential exposure being transmitted to your child. These are all valid concerns that could leave you questioning whether you should let your child go back to that co-parent’s house.
You must understand that failing to follow a court order could result in being found in contempt of court, thereby resulting in jail time, fines, and even having to pay the opposing party’s reasonable attorney’s fees. Understanding this risk should be an important piece of information that you consider before you decide to send your child to your co-parent’s house. That said, this is an incredibly stressful and fearful time and your child’s safety is a top priority.
Before you do anything, try to talk with your co-parent about the situation. Explain your concerns and see if there is a way for the two of you to find a solution to the problem. For all you know, your co-parent shares your concerns and through a discussion, you can both get on the same page about what is best for your child. Perhaps utilizing electronic means of communication such as FaceTime or Zoom could be a substitute for actual possession. Maybe you offer make-up time to the co-parent so that he or she has additional periods of possession during the summer break in lieu of exercising possession currently. The current crisis we are all facing is forcing people to think outside of the box. Schools and businesses across the world are now rethinking how they operate. Co-parenting during this pandemic should be viewed no differently.
Now, even if you are willing to engage in a conversation with your co-parent, that feeling might not be reciprocated. Many co-parents are difficult to deal with (hence why they are your ex!), and no matter how you try to approach this discussion, it just won’t happen. If that is the situation you find yourself in, before you decide to willingly violate a court order, you should strongly consider consulting with an attorney. Understand your options and your risks so that you can make an informed decision. Best wishes to you and your family!
Written by Dana J. Stewart
