Impact of COVID-19 on Child Custody

Reduced travel and the risk of infection may raise questions for families who share custody of a child. This short article will address a few common questions raised about child custody arrangements during the COVID-19 pandemic. It is always advisable to discuss your specific situation with a family law attorney.

Some parents may have concerns about sending their child to another’s home if they suspect someone in the house has been exposed to or diagnosed with COVID-19, someone in the house is at higher-risk, or the child has been exposed to COVID-19 and visitation may risk spreading the virus. Despite these concerns, an existing court visitation order remains in effect unless modified by the judge. According to the Texas Supreme Court, shelter-in-place orders or any “order restricting movement issued by a governmental entity that arises from an epidemic or pandemic” will not affect your court-ordered visitation. For example, your order still governs even if the other parent resides in a state requiring a quarantine period for individuals traveling in or out of that state. 

If you fear that your child may be in imminent danger, consult a lawyer about your situation. It would be best to try discussing your concerns with the other parent; you may reach an agreement. If you choose not to send your child to their visitation, you should collect documentation to support your decision. The other parent may take you to court to enforce the visitation order. The court will apply the “best interest of the child” standard with assessing your situation.