Dealing with a worldwide medical pandemic and personally trying to stay alive and healthy is mentally changeling, but for parents who are divorced or have separate custody agreements and co- parent, it can be a disaster for the entire family. Hopefully, this Coronavirus Pandemic will be a short-lived life-threatening situation, but how the Co-parents cope with the problem could deeply impact their children’s emotional life.
In Texas, on March 13, 2020, the Texas Supreme Court issued an emergency order that divorced /single parents should go by the originally published school and visitation schedule in their current decree. Since the last life-threatening pandemic in the United State was the Spanish Flu Pandemic of 1918, most divorce/ single parent agreements do not include a pandemic clause!
Do not be one of those parents who decides that they “are the decision maker” and drives away with the kids for an extended vacation to Grandma’s in Florida without telling the other parent. Or deciding that the family circle of trust does not include their Other Parent and refuses visitation or joint decision making. These hasty, irrational decisions may seem reasonable in this time of national panic but consider the legal ramifications of violating an order. Since all courts, in Texas, are now closed except for emergency litigation matters only, when the courts are fully operational again and the medical danger has passed, how will a violation of your current decree look to the Judge? Judges always look to the needs of the child versus the unreasonable expectations of the parent. There will be serious ramifications against the violating parent.
Let’s look at some ideas on how co-parenting during this pandemic season can work the best for all family members and by joint agreement will save your both money that would normally go to legal fees.
Just remember that as co-parents your children are most important. Your child has been told that they can’t see their grandparents because of their age and if infected by the coronavirus, may die. No school, no playing of sports, or playing with friends since they may be infected with a deadly virus and become very ill. Decide to cooperate as responsible co-parents to navigate the child to the new changes in their daily routines without a lot of stress and anxiety on the child. By keeping the child calm and showing “a united family circle” the child will know that Mom and Dad are there for him/her.
Some areas of agreement should be that the child will have regular email, phone calls, FaceTime, Zoom visits, and texting with the other parent. The child needs to know that both parents are safe and interested in their wellbeing. Regular visitations times must be made available for the child to see each parent. Remember the child’s core circle of trust are his/her parents and siblings.
Another very serious matter is the decision of what will happen to the child if one parent becomes ill and cannot care for the child. The joint decision must be made by both parents and must ultimately be in the best interest for the child.
Custody disputes and circumstances that have totally changed in the last month. Just remember, co-parent cooperation is the best choice. There is no doubt that judges will be happy to hear that parents have worked together to meet their child’s best interest, by taking steps to protect the child’s health and safety.
This is a time for mutual give and take from both parents. No one is always right nor always wrong. In this upside crazy pandemic world, jointly trying to navigate your family to a better place will have its own rewards.
If, however, one parent unilaterally refuses to make fair agreements for the children or violates your custody orders, avoid retaliation and follow your decree orders faithfully. This Pandemic will pass, and most Judges will not treat lightly intense misconduct when the courts reopen.
Mark A. Nacol
The Nacol Law Firm P.C.
When the custodial parent of a child dies, in the state of Texas, not only is the child and family union devastated, but now is presented the difficult issue of who will become the child’s guardian. Who are the possible candidates that may be legal guardians?
- Non- Custodial parent, if paternity is acknowledged
- Other relatives
- Godparents, Family friends, Neighbors
- State Foster System
Usually, the surviving non-custodial parent will have an automatic right to custody of the child. Texas law favors a child having a solid relationship with both parents and in the event of death, the living parent will take over permanent exclusive custody of the child. What factors should be considered in the child’s best interest that could determine custody by the surviving parent if he/she is not appropriate for the child?
- Did the court, after the divorce, terminate your parental rights in a legal proceeding? If the non- custodial parent had legally been terminated of his/her parental rights this is binding and the terminated parent WOULD NOT be granted permanent custody of the child.
- What if the custodial parent remarried and the new stepparent legally adopted the child? If the child was legally adopted by the stepparent and the non-custodial parent had waived their parental rights, the stepparent would be granted permanent custody of the child.
- What if the non-custodial parent has acknowledged parentage, but paternity has not been established? To be entitled to custody of the child, the father would first claim parental rights through paternity testing to determine if he is the biological father of the child or if he has signed the child’s birth certificate. After Paternity is established, a separate legal proceeding may need to be initiated to override the terms of the mother’s will.
- What if the Custodial Parent created a will that stated the grandparents/godparents would take over as the legal Guardians of the child in the event of death? Many parents will request a particular person or group, such as grandparents, relatives, or godparents to become guardians for their minor children in the case of their demise, but a child is not a piece of property to give away to others when the other biological parent is living. The judge will view what is in the best interest of the child and will always first look at the surviving parent. If this parent meets basic standards the child will live with this parent. If the surviving parent cannot serve the child’s best interest, then the judge will consider the guardian designated in the deceased parent will.
Nacol Law Firm P.C.
This is a “Never Want to Live Through” Scenario: After a family breakup or divorce, your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? Will I ever see my children again?
After you get over your shock, the main question you will ask is: What can I do to get my children back?
- Thinking clearly, you must respond quickly. Time is of the essence.
- Contact the police immediately. You need to tell them that the runaway parent may have taken the children without permission. Make sure that you have your certified legal court orders that pertain to your parental arrangement agreement concerning your children. It is important to be able to show the police the specific orders and how important it is to find the runaway parent and kids!
- Make a list of possible locations the runaway parent may have taken the children. This helps the police in their search.
- Contact a family law attorney immediately. After the runaway has occurred, there will be court intervention to prevent any further occurrences. Custody and supervised visitation issues will also need to be addressed.
If you were never married or divorced from the runaway parent, or if you have no legal court orders concerning or establishing custody and visitation rights in place, this could be a serious impediment in securing help to find your children.
At any time this could happen to you! If your legal position concerning custody and visitation with your children is in limbo, go secure a family law attorney and the help you need to protect your kids.
If a custody agreement is in place with the courts, it is legally binding. If the runaway parent violates the agreement terms, this parent is in violation of the law and will likely face some serious legal problems.
Many times, the runaway parent may take the children out of your area and may even cross state lines. This violation in your custody/visitation agreement could be considered parental kidnapping if the runaway parent moved without telling you the new residence of the child or without getting legal permission through the court to move or modify the custody order.
When the runaway parent and children are found, this is what could happen:
- Custody Arrangements will legally be changed by court orders. You will most likely be awarded protective orders or custody with the runaway parent receiving supervised visitation or no contact with the child.
- The runaway parent may also face criminal charges and jail time.
Mom and Dad are divorcing or have been divorced and are now sharing joint custody of their children in the same city in Texas. One parent receives a letter from the other parent’s attorney requesting that this parent be allowed to relocate the children to another state so he/she may take a better job position with another company! This is a dilemma no parent ever wants to experience! Child Custody cases involving interstate relocation jurisdiction issues cause much heartache and are costly legal battles.
What can a Parent do to protect themselves from children being relocated away from the non-moving parent to another state without her/his consent? How may this affect the parent’s relationship with the children?
The Texas Family Code 153.002 Best Interest of Child states “The best interest of the child shall always be the primary consideration of the court in determining the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
The Texas Family code does not elaborate on the specific requirement for modification in the residency-restriction context, and there are no specific statutes governing residency restrictions or their removal for purposes of relocation. Texas Courts have no statutory standards to apply to this context.
The Texas Legislature has provided Texas Family Code 153.001, a basic framework on their public policy for all suits affecting the parent-child relationship:
The public policy of this state is to:
Assure the children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;
Provide a safe, stable, and nonviolent environment for the child;
Encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.
How does The State of Texas treat an initial Child Custody determination?
Texas Family Code 152.201 of the UCCJEA states, among other things, that a court may rule on custody issues if the Child:
*Has continually lived in that state for 6 months or longer and Texas was the home state of the child within six months before the commencement of the legal proceeding.
*Was living in the state before being wrongfully abducted elsewhere by a parent seeking custody in another state. One parent continues to live in Texas.
*Has an established relationship with people (family, relatives or teachers), ties, and attachments in the state
*Has been abandoned in an emergency: or is safe in the current state, but could be in danger of neglect or abuse in the home state
Relocation is a child custody situation which will turn on the individual facts of the specific case, so that each case is tried on its own merits.
Most child custody relocation cases tried in Texas follow a predictable course:
Allowing or not allowing the move.
Order of psychological evaluations or social studies of family members
Modification of custody and adjusting of child’s time spent with parents
Adjusting child support
Order of mediation to settle dispute
Allocating transportation costs
Order opposing parties to provide all information on child’s addresses and telephone #
Help to Prevent Your Child’s Relocation in a Texas Court by Preparing Your Case!
Does the intended relocation interfere with the visitation rights of the non- moving parent?
The effect on visitation and communication with the non-moving parent to maintain a full and continuous relationship with the child
How will this move affect extended family relationships living in the child’s current location?
Are there bad faith motives evident in the relocating parent?
Can the non-moving parent relocate to be close to the child? If not, what type of separation hardship would the child have?
The relocating parent’s desire to accommodate a new job, spouse, or other criteria above the parent-child relationship. A Parent’s personal desire for move rather than need to move?
Is there a significant degree of economic, emotional or education enhancement for the relocating parent and child in this move?
Any violation of an order or prior notice of the intended move or a temporary restraining order
Are Special Needs/ Talents accommodated for the child in this move?
Fear of child and high cost of travel expenses for non-moving parent or child to visit each other to be able to continue parent- child relationship.
What other Paramount Concerns would affect the child concerning the relocation from the non-moving parent?
At the Nacol Law Firm PC, we represent many parents trying to prevent their child from relocating to another city or state and having to experience “A Long Distance Parental Relationship” brought on by a better job or new life experience of the relocating parent! We work at persuading courts to apply the specific, narrow exceptions to these general rules in order to have child custody cases heard in the most convenient forum in which the most qualifying, honest evidence is available; cases where the child’s home state or other basic questions are clarified, and cases where a parent has the right in close proximity with their child regardless of other less important factors.