Are there any legal actions that can be filed if one parent is not taking COVID-19 seriously? The Texas Supreme Court has a ruling that states that COVID-19 is NOT a reason to stop visitation or possession and access to a child.
However, the child’s safety should still be a priority. Otherwise, if one parent is not taking the necessary precautions, legal remedies can be taken to prevent certain actions from endangering the child.
The attorneys at Turner-Monahan have helped thousands of clients through their custody cases and know how to create and fight for a plan that works for you.
Learn today from Tyler Monahan if any legal actions can be filed if one parent is not taking COVID-19 seriously.
If one parent or another is not taking the COVID stipulations or regulations or guidelines seriously, the Texas Supreme Court has come out with a ruling in, what I believe, is now their 19th emergency order that they promulgated from the Texas Supreme Court.
It states that COVID is not a reason not to have visitation, possession, and access as what is looked upon in a statutory element.
But if a parent is just being completely obtuse, they don’t care, or they’re being flippant about what’s going on, they may take a child who may have some underlying condition or take the child around people that might be in danger of contracting COVID.
There are remedies to be able to file in the court a motion to modify and, sometimes, a motion to enforce. It just depends on what the underlying order is.
If there is no order and you file a Suit Affecting The Parent-Child Relationship, explain to the court what’s going on and have a hearing and request that from the judge.
In those types of instances where you’re requesting that something not occur that might be endangering your child or what you believe is endangering your child, there’s a 95% chance that the judge is gonna have to make that decision.