Covid-19 complicates Holiday Visiting Schedules

As the holidays are quickly approaching, parents who share custody of their children will have to work out exactly what visitation will look like based on their court-ordered agreements.  In addition to COVID-19 causing chaos across the country, it is now having parents altering their plans and dealing with a variety of issues.

Some of those issues can be:

·         The child having to travel to another part of the state, or another state altogether, to visit their parent

·         One parent living in a COVID-19 hotspot

·         One parent had COVID-19 or is currently experiencing symptoms

·         One parent is not being careful about COVID-19 and could be putting the child in danger

·         One parent is immunocompromised and in isolation

·         There may be a second wave and more shelter-in-place orders

Each of these problems are new and complicated.  They become more difficult when the courts are closed down or backed up with cases because of the nationwide lockdowns this past spring.  However, there are steps you can take to work it out with your co-parent and then go directly to the court to ensure it is legally binding.

Keep in mind is that you should never stop following a child custody agreement, even because of COVID-19. For instance, you can’t just decide to refuse visitation. If you do, your co-parent could take you to court and you may lose some visitation time, have to pay your co-parent’s attorney’s fees, and be held in contempt by the court because you didn’t follow the visitation orders.  If your co-parent is unwilling to talk to you respectfully and work out a temporary arrangement, then your attorney will need to take the steps to formally modify your child custody agreement without your co-parent’s input. They will explain to the judge how your co-parent is putting your child’s health at risk because of COVID-19 and request a change.  The court will look at what’s in the best interest of the child and then make a decision about holiday visitation schedules. While parents don’t always get what they request, having a lawyer on your side will make it much more likely that you’ll see a favorable outcome.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

 

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, Best Lawyers, 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.