Can I Be Denied Custody Because of Covid-19?


We’re already halfway through the year and it still looks like this pandemic’s far from being over. While other countries are having more success dealing with it, the US still has a pretty long way to go. This pandemic has affected several aspects of our everyday lives. The best way to deal with it is to adjust the way we live in the meantime. Sadly, even things such as custody orders are affected. But to what extent?

The State You’re In

Each state may have its own unique rules and orders. The state of Texas has a stay-at-home order. Citizens are encouraged to avoid venturing out of their homes. Of course, these stay-at-home orders have exceptions, like for workers whose jobs are deemed essential as well as certain businesses. However, custody agreements won’t be affected in any way. This means couples are still required to follow these orders despite the pandemic. They should not use it as an excuse to violate any part of their agreement.

Health and Safety

While it is true that you need to follow your custody orders, fearing for the health and safety is valid. This fear may give you certain apprehensions regarding things such as visitation and custody, making you want to adjust your custody agreement. And though you are not excused from violating your custody orders or denying one another custody, you and your ex can still make adjustments with the court regarding your custody agreement. For as long as you two are on the same page with it, you can adjust it in light of the pandemic, especially if you see that carrying on with the agreement can pose a risk for any of you. All you need to do is figure out your plan of action and then contact your local family court or your lawyer to help you process any changes.

We’re all going through some tough times right now because of the pandemic. Things don’t seem to be getting any better, so it’s only right to want to make sure that you’re safe and healthy. Taking any and all necessary precautions is the best way to go about this. And while you might be required to follow your custody orders as they are during this pandemic, you can still make some adjustments for as long as it is a mutual agreement.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas.

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