COVID 19 and Family Law

The concern about COVID 19 can result in disputes regarding possession, access and travel plans of a child. These types of disputes can also arise due to epidemics or issues which arise due to catastrophes like Hurricane Harvey.

This article does not take the place of consulting with a family law attorney regarding your specific situation, which consultation I highly recommend, due to variations of facts in individual circumstances.

The decision you make for your child should have the child’s best interest and well-being in mind, although admittedly reasonable minds can differ and so can reasonable judges. If a child has health issues get a health care provider to give a written statement about the reasons why it would be good to deviate from the Court order. The more evidence you can garner to support your position the better.

Conservators can have varying views regarding people, events and travel plans, the safety and well-being of the child and possible exposure to COVID 19.

It is most desirable for conservators to agree regarding modifying possession, access, events or places to which to take a child. Consider compromising regarding exchanging dates and times in the future and put the agreement in writing. The only enforceable writing is one that is a Court Order and signed by a Judge. A written agreement between the conservators can serve to memorialize the intent of the parties at that time.

In the absence of an agreement a Conservator can request a modification of existing orders and present evidence to the Court the reasons you want modification. This plan can be challenging at times due to money and time constraints and being able to get into a Court quickly.

Conservators should work diligently to co-parent and put the child’s needs first.

“Co-parenting is not a competition but requires two Conservators putting their child’s needs above their own”