Shelter-in-place due to COVID-19 | Visitation

Confusion related to the shelter-in-place order due to COVID-19 have custodial parents wondering what to do. Can they can deny visitation with the non-custodial parent due to the shelter-in-place orders? This is even more of a concern as much of Texas has been placed under a shelter-in-place order due to COVID-19. Many parents are claiming that continuing visitation would jeopardize the well-being of the child due to the Coronavirus, COVID-19, pandemic.

Required to Shelter-in-place due to COVID-19

This unprecedented time in our state is causing fear and confusion.  Most child custody court orders do not addresses visitation with a governmental shelter-in-place order in effect. The current shelter-in-place order due to COVID-19 is a new issue never address before.

The Texas Supreme Court took action to resolve some of the confusion. On March 24, 2020 they signed the Seventh Emergency Order Regarding the COVID-19 State of Disaster. The Texas Supreme Court clarified that visitation schedules. The stated that parents need to follow current child custody orders despite the governmental order for a shelter-in-place due COVID-19. 

The Supreme Court is very clear. The current shelter-in-place orders do not impact the custodial parents obligation to not interfere with the non-custodial parenting time. The Seventh Emergency Order Regarding The COVID-19 State of Disaster is in effect thru May 8, 2020.  Depending on the status of containment of the COVID-19 virus the Chief Justice of the Supreme Court of Texas may extend this order.

The Texas Supreme Court further clarifies that parents may agree to change their visitation schedule. However, in the absence of a mutual agreement the court-ordered visitation schedule shall apply.

Modification Of Child Visitation

If you believe that your current Child Custody Order is no longer in the best interest of you child, then you may want to seek to a modification.  Remember Child Custody Orders can not be modified by simple agreement. They must be modified within the courts to be binding.

Find Help Related to Shelter-in-place Due to Coronavirus Issues

Many legal services and attorney offices have closed due to the Coronavirus pandemic.  However, America Family Law Center is still working with families and ready to help you.

If you need help modifying your Child Custody Order contact us.  We are experts in Child Custody. Call or Text today.

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