When parents get divorced, they will need to address multiple concerns related to their children, including how they will share in making decisions about how their children will be raised and when children will live with each parent. While parents will often disagree about how to handle these matters, they may be able to work together to resolve their differences and reach agreements on how to meet their children’s needs. However, some contentious divorce cases can involve complex child custody disputes, requiring parents to take legal action to protect their rights and their children’s best interests. Parental alienation is one issue that may play a major role in these disputes, and a parent will need to understand how to respond in these situations.

What Is Parental Alienation?

It is common for divorcing parents to feel some negativity toward each other. However, it is also important for them to recognize that their children deserve to have positive relationships with both parents. Unfortunately, some parents try to harm their children’s relationships with the other parent. This may be done intentionally, such as by making negative comments about the other parent or blaming them for the divorce, and a parent may hope to have children take their side and ask that custody disputes be resolved in their favor. Parental alienation may also be more passive, such as when a parent reacts negatively when a child talks about enjoying their time with the other parent.

Parental alienation is not always easy to recognize. Children may already be feeling unhappy about their parents’ divorce, so negativity towards a parent or resistance to spending time with them may be attributed to emotional stress or difficulty adjusting to changes in their lives. However, a parent will want to watch out for the following signs that may indicate that the other parent is attempting to alienate their child against them:

The COVID-19 crisis has affected everyone in the United States, and while vaccines are currently being made available, the pandemic will likely continue to affect people and families throughout 2021 and beyond. Because of this, parents will want to make sure they are following the proper measures to protect themselves, their children, and other loved ones. If you are a parent who is currently going through a divorce, you may have already had to address a variety of complex child custody issues, and COVID-19 may have complicated these matters even further. Fortunately, by working with an experienced attorney, you can take steps to protect your parental rights and ensure that your children can remain safe and healthy.

Child Custody for Those Affected by COVID-19

Many families are able to avoid COVID-19 infections by following social distancing guidelines, staying home whenever possible, wearing masks when in public, and making sure all family members wash their hands regularly. However, there are some cases where family members may need to take additional precautions due to increased risks of infection. For example, if a parent works in the healthcare field and is regularly exposed to those who have been infected, they may need to take additional measures to ensure that they do not inadvertently spread the virus to their children.

If a parent becomes infected with COVID-19, or if another person in their household is infected, they should be sure to quarantine themselves and follow all necessary restrictions to ensure that they do not spread the infection to their children. This may mean that they will not be able to have their regular visitation with children. Parents may need to make special arrangements in these cases, such as by having “virtual visitation” with children through video conferencing apps like Zoom or planning to adjust schedules in the future to make up for lost visitation time.

When a couple chooses to end their relationship, they will usually need to address a variety of issues as they decide how they will proceed with the process of separating their lives from each other. While any type of breakup can be difficult, a situation can become much more complicated when children are involved. Married parents who are planning to get a divorce or unmarried couples who wish to establish their parental roles and responsibilities going forward will need to consider multiple different legal issues. While this is true for all couples, there are some cases that involve complex child custody disputes, and parents in these situations will want to be sure to understand their rights and the steps they can take to protect their children’s best interests.

Situations That May Involve Complex Child Custody Concerns

Texas child custody cases typically involve two separate issues: conservatorship and visitation. Conservatorship, which is also known as legal custody, refers to the right to make decisions about how a child will be raised. In most divorce cases, courts prefer to name parents as “joint managing conservators,” meaning they will share in the responsibility of making decisions for their child. Parents will usually also share physical custody, meaning that they will both have reasonable amounts of visitation time with the child.

During a child custody case, a parenting plan will be created that specifies how conservatorship and visitation will be handled. While parents may be able to reach an agreement on a parenting plan, there are some cases where disputes over child custody must be resolved in court. Some situations that may lead to complex child custody disputes include:

When parents get divorced, they may need to address a wide variety of complex child custody issues. In addition to determining how they will work together to raise their children going forward, they will need to make decisions about when children will spend time with each parent, who will have a say in major decisions about children’s lives, and other matters related to parents’ rights and responsibilities.

Whether parents are able to reach an agreement on these decisions, or a judge makes a final ruling on matters related to child custody, the terms of the parents’ divorce decree are meant to remain in place going forward. However, parents may wish to modify the terms of their parenting agreement in some situations, including cases where a parent plans to move to a new home with their children. Both parents will want to understand their rights and the procedures followed in cases involving parental relocation.

Parental Relocations and Geographical Restrictions

In most Texas divorce cases, parents will be named as “joint managing conservators” of their children. This means that they will share equal rights and responsibilities when making decisions about how their children should be raised. However, one parent will usually be granted the exclusive right to determine the children’s primary residence. This parent will typically be the “custodial parent” with whom children spend most of their time.

When parents choose to end their marriage through divorce, they may need to address a variety of complex child custody issues. While parents may be able to work together to reach agreements regarding how they will share custody, disagreements over these or other issues can sometimes spiral out of control and turn threatening or violent. In situations involving family violence or where a parent fears for the safety of themselves or their children, a protective order can address these concerns. However, protective orders can also be based on false accusations, or they may be used in an attempt to gain an unfair advantage during divorce. Those who wish to obtain or defend against a protective order should be sure to work with an experienced family law attorney.

What Can a Protective Order Do?

If a person has allegedly committed acts of family violence (including physical abuse, sexual abuse, verbal abuse, threats to harm a person, or kidnapping) against their spouse, ex-spouse, dating partner, or children in their household, their current or former partner can file a petition for an emergency protective order in family court. This type of restraining order is known as a temporary ex parte protective order. An emergency protective order will be in effect for 14 days, and a hearing will be held to determine whether a permanent protective order will be necessary.

A protective order can place a number of requirements on the respondent, (the spouse who is accused of committing acts of family violence), as well as the petitioner (the spouse who petitioned the court for protection). Typically, a protective order will require the respondent to stay a certain distance away from the petitioner, their children, and other members of their household, and it may state that the respondent cannot go near certain places such as a home, workplace, school, or daycare center. The respondent will also be prohibited from communicating directly or indirectly with the respondent or other family members in a threatening or harassing manner or engaging in behavior meant to harass, threaten, annoy, or embarrass them.