The Texas Supreme Court has clarified that all custody and visitation orders stand during the state of emergency declaration due to the COVID-19 pandemic.
Should visitation be denied because of a known and clearly dangerous situation to the children, it would be best to report this to the proper people – the police and CPS. It may sometimes be that the police or CPS are unavailable or non-responsive. If this is the case, it’s best to get an emergency hearing with a judge to obtain modified orders if it is proven that the children may be in danger if put in the possession of the other parent.
However, as long as one complies with local and state directives, there should be no reason for such denials. Court orders are court orders. They are essentially the law. They must be followed, or consequences will occur. These consequences may include making up the time you missed, changing custody to the other parent, fines, jail time, probation, and payment of attorney fees and courts costs.
The idea is to keep things as normal as possible for children during this time when it’s hard enough that they can’t go anywhere and when some children are legitimately scared. Work with the other parent for the best interest of the children. That is best for everyone.
It’s important to retain a qualified attorney to assist in these matters. The Barrera Law Firm is participating in telephonic free consultations and select in person interviews. Free to call us at (956) 428-2822 or contact us online.
We are here to help.
