Texas Family Courts and Exchange of Children during COVID-19 State of Disaster

COVID-19 has upended our routines, and for parents in Texas, the usual rules around child possession and visitation have been thrown into question. Family Courts and Exchange of Children schedules remain in place despite school closures and stay-at-home orders. With everyone working from home, figuring out the right course of action can be tricky. Let’s get into what Texas family courts expect from parents during this time and how to handle child exchanges safely.

COVID-19 Impact on Family Possession Schedules

COVID-19 has disrupted the rhythm of school and work schedules for most families. Parents used to rely on school calendars to plan their possession and visitation schedules. However, with school closures, confusion has set in about how to proceed.

Despite these disruptions, family possession schedules remain active. The Texas Supreme Court ruled that possession schedules should follow the original school calendar, even if schools are closed. This means you must continue to follow your court-ordered possession schedule as if the school year is still in session. Stick to the original dates and avoid making assumptions about changes without proper agreement.

Flexibility in Managing Possession and Visitation

Parents can still work together to create new schedules that better fit their current situations. Family court orders allow for flexibility when both parents agree on changes. If you and your ex-spouse prefer a modified schedule, work together to create one that suits both sides.

To avoid misunderstandings, put any changes in writing. Email or text can serve as a record of the new arrangement, ensuring both parties remain on the same page. However, if one parent disagrees, you must stick to the original court order. Failure to do so could lead to legal issues later.

Co-Parenting Effectively During the Pandemic

Co-parenting requires extra effort during stressful times like these. Working together for your child’s benefit is key. You need to communicate clearly with your ex-spouse about schedules, concerns, and any changes in plans. Focus on your child’s well-being, not old conflicts.

Try to avoid using the pandemic as an excuse to gain more time with your child unfairly. Instead, stay flexible and open to negotiation while keeping your child’s interests first. The more cooperative you are, the easier this process will be.

Legal Consequences of Not Following Court-Ordered Schedules

Ignoring court-ordered possession schedules can result in serious consequences. Courts will hold you in contempt if you make changes to the possession schedule without approval. Contempt of court could lead to fines or other penalties.

If your ex-spouse refuses to follow the original schedule, document any missed visits or broken agreements. Keep records of communication and share your concerns with your attorney. You can take legal action if necessary to ensure the court order is followed correctly.

Addressing Health Concerns and Safety

Many parents worry about their children contracting COVID-19 while staying with the other parent. This concern is valid, but it doesn’t automatically justify withholding a child from an ex-spouse. Texas family courts expect parents to follow possession orders unless there is a clear, immediate danger to the child’s health.

If you believe your child’s health is at risk, discuss safety measures with the other parent. Keep communication open about hygiene practices, limiting exposure, and any health updates. Both parents must do their part to maintain a safe environment for the child. Courts will expect you to act reasonably and cooperatively when addressing health concerns.

Before deciding to withhold possession, consult a family law attorney. Courts typically do not favor unilateral decisions, especially without medical proof. It’s essential to follow legal guidelines to avoid penalties.

The Importance of Patience and Fairness

Dealing with possession and visitation during a pandemic requires patience and fairness. Stress from these uncertain times can easily lead to conflict, especially when it comes to shared custody. Avoid letting frustration cloud your judgment, as it can harm your relationship with both your child and the other parent.

Approach each situation with empathy. Consider how the other parent might feel and how the child might perceive the situation. This isn’t just about following rules—it’s about maintaining a positive co-parenting relationship for your child’s well-being.

Keep the long-term picture in mind. The pandemic is temporary, but how you handle these issues can have lasting effects on your child. Focus on their needs above all else, and work toward solutions that promote stability.

Conclusion

Following court orders, communicating openly, and keeping your child’s needs at the center are critical during these times. If disagreements about possession or health concerns arise, seek legal advice rather than making unilateral decisions. Protect your child’s well-being while maintaining your rights as a parent.

For legal assistance or modifications to your possession schedule, reach out to a family law attorney. Proper guidance can help you navigate these challenges smoothly and ensure compliance with court orders.

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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston, TX, Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

Bryan Joseph Fagan( Attorney )

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.