Family Law Issues During COVID-19
This article was written by TexasLawHelp. It was last updated April 29, 2020.
See Coronavirus and Child Visitation to learn how the COVID-19 crisis, border closings, and shelter-in-place orders affect your child visitation rights and obligations.
- My child is somewhere with a shelter-in-place order. Can they travel?
- Can I keep my child from the other parent if I think someone in the family is at risk of getting coronavirus?
- I am afraid to send my child for visitation because of COVID-19.
- How does spring break visitation usually work?
- The other parent has the child but I think it is my turn for visitation. What can I do?
- My child’s school extended its spring break or closed for the rest of the year because of coronavirus prevention measures. What does this mean?
- What might happen if the other parent files a motion to enforce visitation?
- I'm supposed to see my child Thursday nights. Do shelter-in-place orders prevent that?
- Summer is coming up. What does this mean for visitation during a pandemic?
Also, Texas RioGrande Legal Aid has published a COVID-19-specific frequently asked family law questions page. Review it here.
This article provides information on how job loss during the COVID-19 crisis affects your obligation to pay child support. According to the Office of the Attorney General Child Support Division, "Even if you are having trouble making your full payment, it is important to pay as much as you can toward your obligation every month."
This toolkit tells you how to change (modify) an existing custody, visitation, child support, and medical and support order. The necessary forms are included.
If you had a child support negotiation scheduled, it is possible that it will now be held by telephone or videoconference. The web site of the Office of the Attorney General Child Support Division says, "For customers who had in office negotiation or court hearing scheduled we will be contacting you soon to schedule a virtual negotiation." If you log on to your child support account, there should be a link where you can request a virtual negotiation. Visit Child Support and COVID-19 to learn more. You can also chat with Office of the Attorney General Child Support Division customer support service specialists if you log on to your child support account and click the chat icon for help.
Talk to a lawyer about how the federal CARES Act may apply to your child support situation with regards child support arrears and the tax rebate check for which some households are eligible.
If you are on the Treasury Offset list for owing child support arrears or if your child support payments are more than 90 days delinquent your check will probably be reduced by the amount you owe in child support. You should contact the Texas Attorney General Child Support Division in order to work out arrangements to resolve your debt. To find out if your name is on the Treasury Offset list call the toll-free IRS number at (800) 304-3107.
The Texas Children's Commission has compiled information about resources related to CPS cases. Review them here. Also look at TexasLawHelp's child protection information.
The Department of Family and Protective Services published While Your Child is in DFPS Care During the Coronavirus (COVID-19) Pandemic: A Guide for Parents.
How COVID-19 Could Affect Your Family Law Case addresses questions such as:
See Family Violence and COVID-19. If you need help finding a shelter or other services, you can use TexasLawHelp's Domestic Violence. Free Legal Help for Victims and Survivors page.
This COVID-19 Family Violence Safety Planning Checklist can help you plan to leave a dangerous situation.
Legal Aid of Northwest Texas has created a video answering some frequently asked questions about family violence in the time of COVID-19.
This video by Legal Aid of Northwest Texas, at COVID-19 Family Violence FAQs - Legal Aid of Northwest Texas video, covers topics such as:
- What should I do if I want to leave an abusive situation right now?
- What is a protective order?
- Are there different types of protective orders?
- Are courts open now for getting protective orders?
- May I still file a protective order on my own during the pandemic if my court is closed to the public?
- What if I have children with my abuser?
- What about other types of cases besides protective orders? Are courts still hearing divorce and custody cases?