Harris County’s Stay at Home Order Does Not Affect Exchanges of Children

Harris County’s Stay-at-Home Order has disrupted many routines, but it doesn’t interfere with child custody exchanges. Parents still need to follow existing custody arrangements, ensuring children continue to spend time with both parents. Here’s what you need to know to stay compliant and keep things running smoothly.

Harris County’s Stay-at-Home Order: What It Entails

Harris County’s Stay-at-Home Order restricts non-essential activities to limit the spread of COVID-19. It encourages people to stay indoors unless leaving for essential needs. However, this order does not impact child custody exchanges, as they fall under essential activities. Parents must continue their court-ordered custody schedules, ensuring children have time with both parents.

Child Custody Orders Remain in Effect

Child custody orders remain legally binding during the stay-at-home period. Courts expect parents to follow these agreements, regardless of the ongoing restrictions. Custody schedules provide stability for children, and both parents should prioritize maintaining that routine. Disrupting these arrangements without legal grounds could create unnecessary stress for the children involved.

Exceptions and Modifications

In certain cases, parents may need to request modifications to custody orders. Health concerns, such as a parent’s illness, could justify temporary changes. Courts typically allow these modifications only in cases where a child’s safety is at risk. Parents must approach the situation responsibly, seeking legal advice if they believe changes are necessary.

Safety During Custody Exchanges

Parents should take precautions during custody exchanges to protect their children and themselves. Maintain social distance when meeting for hand-offs, and consider sanitizing commonly touched items, such as car door handles or child car seats. Regular communication between parents helps prevent misunderstandings and keeps the exchanges running smoothly.

Legal Consequences for Non-Compliance

Failing to comply with custody orders during the stay-at-home period can result in legal consequences. Parents who refuse to honor these orders may face court sanctions. Judges can hold non-compliant parents in contempt, which could lead to fines or even jail time in extreme cases. The court may also modify custody arrangements, limiting time with the non-cooperative parent. It’s important for both parents to understand that custody agreements remain enforceable, and refusing to comply could jeopardize their legal standing.

Practical Advice for Parents

Maintain Clear Communication

Clear communication between co-parents is essential to avoid misunderstandings. Discuss plans ahead of time, and confirm details about exchange locations and times. Using a shared calendar or a co-parenting app can help ensure both parties stay informed about upcoming exchanges or any changes.

Prioritize the Child’s Well-Being

Both parents should focus on the emotional and physical well-being of the child. Stability and consistency are key. Parents should avoid involving the child in any disputes or using them to relay messages. Keep conversations focused on the child’s needs to reduce tension and conflict.

Create a Safe Environment

During exchanges, take steps to ensure safety. This can include wearing masks, maintaining distance, and avoiding physical contact. Have a plan in place for emergencies and communicate openly about health concerns to protect the child and both households.

Conclusion

Child custody exchanges must continue despite the stay-at-home order. Cooperation and clear communication between parents will keep the process smooth and ensure the child’s well-being remains the top priority. Prioritize safety and compliance to avoid legal consequences and unnecessary conflict.

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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.