We are now experiencing the worst Medical Pandemic in the USA since the Spanish Flu Pandemic of 1918. The COVID-19 Outbreak may be changing our American way of life for some time. Many families are in upheaval from fear of loved ones getting the virus, losing jobs, and not having food for their families. And in the middle of this situation you may be going through a family breakup, divorce, or just trying to Co-Parent your kids with your EX.
Now the “Never Want to Live Through It” Scenario may happen! Your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? When 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?
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 States was the Spanish Flu Pandemic of 1918, most divorce / single parent agreements do not include a pandemic clause! This emergency order was issued with the potential need of closing all courts, non-essential businesses and stay-at-home orders, Texas had to have an order in place to protect the children so that both parents could continue to care and protect them during the Pandemic.
If a custody agreement is in place with the court it is legally binding. If the runaway parent violates the agreement terms, he / she is in violation of the law and will likely face some serious legal consequences.
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 moves over a state line 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 may legally be changed by court orders. You will, in the most aggravated cases, 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.
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 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.
After you get over your shock, the main question you will ask Is:
What can I do to get my children back?
- Think 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!
- Contact a family law attorney immediately. Texas Courts are dealing with many of these runaway situations and an experienced family law attorney can help you legally deal with finding your child in a timely fashion. 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. Texas Judges and Courts will not take a runaway situation lightly by an errant parent!
Click to open the Texas Supreme Court Emergency Order (pdf)
Nacol Law Firm P.C.
8144 Walnut Hill Lane, Suite 1190
Dallas TX, 75231
Fathers Rights in Texas – WE NEVER GIVE UP!
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.
Two New Family Case laws have been passed by the Texas legislature and signed by Governor Abbott, effective 9/1/2019:
HB553 Relating to notice summer weekend possession of a child under a standard possession order in a suit affecting the parent-child relationship.
SECTION 1. Section 153.312, Family Code, is amended by adding subsection (c) to read as follows:
(c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child.
SECTION 2. Section 153.312 (c), Family Code, as added by this Act, applies only to a court order providing for possession of or access to a child rendered on or after the effective date of this Act. A court order rendered before the effective date on this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019
HB House Bill 558: Relating to the court ordered support for a child with disability:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.302, Family Code, is amended by adding Subsection (c) to read as follows:
(c) notwithstanding Subsection (b), a court that orders support under this section for an adult child with a disability may designate a special needs trust and provide that the support may be paid directly to the trust for the benefit of the adult child. The court shall order that support payable to a special needs trust under this subsection be paid directly to the trust and may not order that the support be paid to the state disbursement unit. This subsection does not apply in a Title IV-D case.
SECTION 2. The change in law made by this Act constitutes a material and substantial change of circumstance under Section 156.401, Family Code, sufficient to warrant modification of a court order or a portion of a decree that provides support for a child rendered before the effective date of this Act.
Section 3. This Act takes effect on September 1, 2019
More new Texas Legislature Family Laws to come!
December 2016 the Texas Department of Motor Vehicles will start denying motor vehicle registration renewals for parents who have gone at least six months without making a child support payment. The law applies to Office of the Attorney General (OAG) child support cases.
The OAG also has the authority to bar the renewal of professional, recreational and handgun licensed of parents behind on child support payments.
Delinquent Parents will receive a notice from the Department of Motor Vehicles and a letter from the attorney general’s office about two months before their registration is set to expire.
Once parents receive a notice, they must agree to a payment plan with the Attorney General’s child support division before they will be able to renew their registration. This law only applies to motor vehicle renewals. New vehicle purchases are not affected.
The 2015 Texas Legislature was active on family law bills and changes to the Texas Family Code! These many changes to various provisions of the family code could legally affect you and your family.
Some of the more important 2015 Family Laws, Amendments, and Revisions:
House Bill 826 amends the Family Code to require a child support order to contain a specified statement regarding the circumstances under which a court may modify a child support order. Effective: 9-1-15
House Bill 1447 amends the Code of Criminal Procedure to expand the persons authorized to file an application for a protective order for certain victims of sexual assault or abuse, stalking, or trafficking and to entitle victims of those offenses or the victim’s parent or guardian to additional crime victims’ rights relating to the protective order to provide the notice in the prescribed manner a Class C misdemeanor. Effective: 9-1-15
House Bill 1500 amends the Family Code to require a person who files a motion for a temporary order in a suit for modification of the parent-child relationship to execute and attach to the motion an affidavit that contains facts that support the allegation that the child’s present circumstances would significantly impair the child’s physical health or emotional development. The bill establishes a court’s duty to schedule a hearing if those facts are adequate to support the allegation. Effective: 9-1-15
House Bill 1782 amends the Family Code to establish, for purposes of a family violence protective order, the presumption that family violence has occurred and is likely to occur in the future if the respondent has been convicted of or placed on deferred adjudication community supervision for an offense involving family violence against the child for whom the petition is filed, the respondent’s parental rights with respect to the child have been terminated, and the respondent is seeking or attempting to seek contact with the child. Effective: 9-1-15
House Bill 1923 amends the Civil Practice and Remedies Code to include a retired or former statutory probate court judge among the judges eligible to serve as a special judge in certain civil or family law matters. Effective: 9-1-15
Senate Bill 206 amends the provisions of the Education Code, Family Code, Government Code, and Human Resources Code relating to the functions and administration of the Department of Family and Protective Services (DFPS). The bill revises and streamlines agency procedures involved in adoption cases and child protective services cases by changing various record keeping, notification, and casework documentation requirements and provisions governing the investigation of a report of abuse, neglect, or exploitation of a child and by condensing and updating provisions governing procedures in a child protection suit, including adversary and permanency hearings, and the performance of a child placement review for a child under DFPS care. The bill establishes annual reporting requirements for DFPS regarding key performance measures and data elements for child protection and sets out notification requirements relating to significant events for a child in DFPS conservatorship involving the child’s placement, medical condition, prescribed drugs, and school performance; revises provisions governing foster care, including requirements that foster children be provided access to certain personal information and documents; and sets out requirements for implementing foster care redesign. The bill consolidates and restructures provisions regarding prevention and early intervention services, including the child abuse and neglect primary prevention program, and requires the development and implementation of a strategic plan for those services within DFPS. The bill revises provisions relating to public school admission and attendance of, and eligibility for an exemption from tuition and fees for, students under DFPS conservatorship.
The bill broadens the authority of DFPS to obtain criminal history record information regarding certain persons; authorizes the executive commissioner to adopt rules regarding the purpose, structure, and use of advisory committees by DFPS; and requires the development and implementation of an annual business plan for the child protective services program to prioritize the department’s activities and resources to improve the program. The bill provides for an enforcement policy for the regulation of certain child-care facilities, homes, and agencies and revises provisions governing administrative remedies for those regulated entities.
The bill requires DFPS to study whether provisions governing authorization agreements between the parent of a child and a nonparent relative should be expanded to include authorization agreements between a parent of a child and a person who is unrelated to the child. Effective September 1, 2016, the bill updates provisions governing the licensing and certification of certain child-care facilities, homes, and agencies. Effective: 9-1-15
Senate Bill 314 amends the Family Code to detail what information the Department of Family and Protective Services and a court appointing a nonparent as managing conservator of a child must provide to the nonparent. Effective: 9-1-15
Senate Bill 550 amends the Family Code, Government Code, Insurance Code, and Labor Code to establish a court’s duty to render an order for the dental support of a child in a suit affecting the parent-child relationship or in a proceeding under the Uniform Interstate Family Support Act. Effective: 9-1-15
Senate Bill 813 amends the Family Code to establish that a digitized signature on a pleading or order in a proceeding involving the marriage relationship, the child in relation to the family, or a protective order satisfies the requirements for and imposes the duties of signatories to pleadings, motions, and other papers identified under the Texas Rules of Civil Procedure. Effective: 9-1-15
Senate Bill 814 amends the Family Code to establish the authority of a party to a suit to remove the disabilities of minority, a suit to change a person’s name, or a suit affecting the parent-child relationship to waive the issuance or service of citation. The bill revises requirements for a waiver of service in a suit for dissolution of a marriage. Effective: 9-1-15
Senate Bill 815 amends the Family Code to expand the types of activities a court may prohibit by temporary restraining order in a suit for the dissolution of marriage. Effective: 9-1-15
Senate Bill 818 amends the Family Code to require a court to order that each conservator of a child has the duty to inform the other conservator of the child of certain information regarding the conservator’s involvement with a person who is the subject of a final protective order or if the conservator is the subject of such an order. The bill establishes deadlines for providing the notice and makes a conservator’s failure to provide the notice in the prescribed manner a Class C misdemeanor. Effective: 9-1-15
Senate Bill 1726 amends the Estates Code, Family Code, and Government Code to revise and clarify provisions relating to suits affecting the parent-child relationship, including provisions relating to Class 4 claims against an estate, the conditions under which a court is authorized to order that certain information not be disclosed to a party to a suit, notice requirements regarding enrollment in or termination of benefits under an employer’s health insurance plan, and notice requirements and enforcement mechanisms for certain child support orders. Among other provisions, the bill provides for electronic notarization of required signatures in a proceeding filed under provisions relating to the parent-child relationship. Effective: 9-1-15
To view more information on the 2015 Texas family law bills, amendments, and revisions go to Texas Legislature Online @ http://www.capitol.state.tx.us/