Child Safety, Co-Parenting and Parental Rights during COVID-19

Parents care about the health of their children.  However, healthy to one parent may be different than healthy to another.  One parent might think eating all of the vegetables is important while the other says meals should not be a battle.  Another disagreement can come on sunny days where one parent slathers the kids in sunscreen while the other wants them to soak in the rays and get enough vitamin D.

Now we have a description of a pandemic being thrown into the mix and the fears of the unknown might begin to run ramped in your mind.  These thoughts will vary from what if one child is sick and the other isn’t.  Is your ex properly sanitizing their house or following the medical community’s guidelines. In addition to affectively co-parenting and keeping your children safe; questions may arise as to what rights you have.

Unless there is a material change in circumstances or your child would be put in harm’s way by spending time with the other parent, he or she should go. To the extent possible, COVID-19 should not serve as an excuse to inhibit a child from seeing the other parent.

It is difficult and stressful for both households and the child when considering exposure to the virus. However, there are ways to approach alternative scenarios, should the normal co-parenting schedule be adjusted:

·         To ensure your child’s safety and the safety of both households, the parent who is not currently housing the child could agree to forego parenting time for 14 days in order to quarantine, and then resume the schedule as normal.

·         Agree to alternative forms of co-parenting time when the child is staying at one parent’s home to heighten connection. This may include communicating via videoconferencing apps such as Zoom and FaceTime, or activities such as daily masked walks through the neighborhood or playing online games together.

·         Agree to schedule make-up parenting time after you are reassured that your co-parent is not a COVID-19 carrier or a threat to your child’s health.

·         Agree to extended vacation time over the summer.

While the courts are “closed” in the traditional sense, you are not without options if your former spouse or former partner is being unreasonable.  Standing Orders have been entered for handling litigation needs, if they amount to an emergency that warrants a telephonic hearing. While the courts have raised the threshold for what constitutes an emergency matter, it can still be done. Your attorney can get your case into court by using different strategies for filing and presenting emergency motions during this time period. Alternatively, now may be the time to consider mediation and private adjudication to resolve differences without going to court.

If the Court does not think your issue amounts to an emergency that is not a reason to forgo or delay filing a motion with the court.  While only emergencies matters are being heard, any new actions or motions filed will be processed due course. There is sure to be a back log when the courts re-open their doors, so do not wait. File now. Attorneys recognize that some former spouses and former partners are not reasonable, and you may need help or are not prepared to take this on alone. Partner with an attorney who will have your best interest in mind and handle these procedures on your behalf.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.