COVID-19 and Custody

On March 17th, 2020, the Supreme Court of Texas ordered that Governor Greg Abbott’s declaration of a state disaster in all 254 counties due to the COVID-19 pandemic would not affect possession schedules in Suits Affecting the Parent-Child Relationship. The Supreme Court of Texas’ order went on to say that school closures also would not affect possession schedules. [1] Co-parenting is not for the faint of heart. Team it with a global pandemic, and you have a recipe for a lot of anxious moments and tough decisions. But there are answers, there are compromises and there are solutions that can protect you and your children.

Act reasonably

In New York, the administrative judge has ordered parents to "act reasonably," but Dana Stutman, a matrimonial lawyer in New York City, says that parents might think differently in terms of what is risky behavior during COVID-19.[2] States are not able to provide a strategic roadmap for every family to navigate these unprecedented times. There are challenges like custody agreements in major cities where public transportation is a high-risk platform. Some find themselves living in different states that require quarantine periods if you travel to/from those locations. And of course, there are children of healthcare workers who are on the frontlines of this pandemic day in and day out. While the courts are open and functioning, many judges will only hear cases that are already in their system; leaving families to navigate decisions on their own.

Work out a plan

The American Academy of Matrimonial Lawyers and The Association of Family and Conciliation Courts released a joint statement of guidelines on March 19 to help separated parents work out a plan during the health crisis. [3]The AAML acknowledged in their statement the challenges families are facing with longer hours for some, and reduced hours for others impacting their typical schedules. The AAML issued some guidelines to assist families in navigating these times such as video calls to increase communication and visibility with the children affected. The statement also advised parents to be as flexible as possible during these unusual times and make every effort to provide makeup times for children to be with each parent when able. The verbiage in the statement gave a warning as well that family judges would take seriously any claims against those who were inflexible and contentious during these trying times.

Focus on the children

There is hardly an individual who has not been affected in some way by this global pandemic. Facing the rising challenges at the hands of COVID-19 is something that adults are battling every day. Children are not immune from this disease itself and the effects on their day-to-day activities as well. Having to transition to at-home schooling, missing their extracurricular activities and friends; all of which are taking a toll on our children. It is of utmost importance for children to find some stability and time with both parents is pivotal to the well being of kids today.

[1] Supreme Court of Texas, docket number 20-9043 https://www.txcourts.gov/media/1446106/209043.pdf

[2] Parents Struggle with Shared Custody During Coronavirus Pandemic https://www.usnews.com/news/best-states/articles/2020-04-27/americans-struggle-with-co-parenting-during-covid-19

[3] The Association of Family and Conciliation Courts (AFCC) and the American Academy of Matrimonial Lawyers (AAML) have provided a joint statement of guidelines for separated parents during the COVID-19 https://www.thecenterforfamilylaw.com/afcc-aaml