Child custody possession and access schedules can be confusing in themselves. Add in a hurricane or other natural disaster, and it is often difficult to understand what you should do. In a perfect world parents would always put the children first and work together to make the world a better place for their kids. But the world is not perfect, and adults do not always act like adults. Many find it difficult to work together with the other parent to make alternate plans. I commend those parents that do work together and effectively communicate to raise their children in a unified manner. Parents that can raise their children in collaboration often see their children better adjusted to the dual household model they live in every day.
So, what do you do when faced with an impending hurricane or other natural disaster interfering with custody exchanges?
The Order Controls.
Always follow the terms of your order, unless both parents agree in writing to different terms. There are both civil and possible criminal consequences for failure to obey an order. When it comes to possession and access of the children, the Courts adhere to the terms of the order. Unless there is a compelling reason not to. If you violate an order, you can be held in contempt and could even face criminal charges for interference with child custody.
Communicate, Communicate, Communicate.
When faced with a disaster, communication with the other parent is the best alternative. Both parents are tasked with the protection of their children while in their care and custody. This includes protection from natural disasters. Both parents should discuss plans on how they will handle natural disasters.
Hurricanes often threaten Houston and can cause long term displacements. Parents communicating effectively with each other can decide the safest plans for the children. The Courts always look at the best interest of the child when determining custody issues. Typically, if evacuation is called for, whoever the child is with at the time will be responsible for evacuating the child. The parents should communicate their evacuation plans and work out an agreement on any exchanges that will take place. The best scenario is to evacuate to the same location so the children can be with both families during a stressful and scary event.
If the parents evacuate to different locations, both parents should exchange all methods of contact possible. This includes cell phones of everyone evacuating with the children, complete address and phone numbers of where you will be staying, and who will be present. Regular updates are essential in this scenario. This allows the parent not with the children to have peace of mind that their children are safe and allows your children to know their other parent is also safe.
Plan Ahead.
What if you absolutely cannot communicate with the other parent? If you know that communication with the other parent is unlikely when the custody order is entered, you can include provisions in the order for how things will work if evacuation is necessary. These provisions should outline which parent will have the right to evacuate the child, where the parents will meet to exchange the child if the regular exchange location is unsafe, and the planed evacuation location. Also, provisions may define any make-up time for the other parent if they miss any of their normal possession periods because of the evacuation.
Emergency Orders are available if one parent will endanger the child with their decisions. Especially if they refuse to evacuate with the child and an extremely dangerous condition is present. You can ask the Court for an emergency order to provide for the safety of the children. This choice is for extreme situations only and getting this type of order is not always possible or warranted.
For more information or questions regarding custody and enforcement of orders, call today for your free consultation: 832-919-6595. Appointments may also be booked online.
