Trending: COVID 19 and Family Law

By Nancy L. Rommelmann PLLC | Family Law Attorney –

Nancy L. Rommelmann PLLC

    • The concern about COVID 19 can result in disputes between conservators regarding possession, access and travel plans of a child. These types of disputes can also arise due to epidemics or issues, which arise due to catastrophes like Hurricane Harvey.
    • This article does not take the place of consulting with a family law attorney regarding your specific situation, which consultation I highly recommend, due to variations of facts in individual circumstances.
    • Conservators can have varying views regarding exposing a child to people, events and travel plans and possible exposure to COVID 19.  The decision you make for your child should have the child’s best interest and well-being in mind, although admittedly reasonable minds can differ and so can reasonable judges. If a child has health issues, get a health care provider to give a written statement about the reasons why it would be good to deviate from the Court Order. The more evidence you can garner to support your position the better.
    • It is most desirable for conservators to co-parent and to agree regarding modifying possession, access and events or places to which to take a child and put the agreement in writing. The only enforceable writing is one that is a Court Order and signed by a judge.  A written agreement between the conservators can serve to memorialize the intent of the parties at that time.
    • In the absence of an agreement, a conservator can file with the court and request a modification of existing orders and present evidence to the court the reasons you believe you are entitled to a modification.  This plan can be challenging at times due to money and time constraints and being able to get into a court quickly.
    • Conservators should work diligently to co-parent and put the child’s needs first.

“Co-parenting is not a competition but  requires two conservators putting their  child’s needs above their own.”