Child Visitation; After the hurricane. Can find your child or the other parent?
Many parents child visitation was disrupted by Hurricane Harvey. As a result of many Texans displaced by Hurricane Harvey and the subsequent flood is that they lose track of their child's other father. When Custodial Fathers, non-custodial parents and places of exchange are no longer accessible, or parents cannot locate other parents, they are left wondering how this affects their current court order.
In the face of Hurricane Harvey, people often faced the evacuation of their homes at short notice. Some families were divided as a result of rescue efforts that forced rescuers and families to decide to first send the most vulnerable (children, the elderly and the sick) to safety.
Recent reports on KHOU indicate that thousands of evacuees continue to live in shelters. Others have found housing in hotels/motels, some stay with family and friends, or maybe have had the luck of finding an apartment or house.
Not being in contact with the other parent of your child can be scary. If that other parent is the custodial parent, it can be even more frightening. You may not know where your child is living or if you had possession of your child, you may not be able to access the exchange location or find the custodial parent to exchange ownership.
This can create a possible violation.
Child Visitation: What happens if I can not return my child due to an emergency?
Most custody agreements require the custodial parent to provide the primary address of the child to the other parent. Each order of custody of my slight difference so I must check your order for the exact language.
If the custodial parent has had to relocate due to the hurricane or flood, they should let the noncustodial parent know where the child is currently living. Failure to do so may violate the court order.
What happens if a court order is violated?
Every time you violate a court order, interference with the custody of the child, you put yourself at risk. Frequent and deliberate violations of your custody agreement may result in your being taken back to court in an enforcement action. Violations that are frequent and severe enough could result in being held in contempt of court, which could include jail time.
Do you need more information or help?
Call or call America Family Law Center to help you understand your orders, violations and current remedies.
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