Of the many casualties of the coronavirus pandemic, one often-overlooked is that of children in joint-custody agreements and their parents who are forced to navigate them. With stay at home orders, social distancing guidelines, and the vast differences in which people view the Covid-19 pandemic, many divorced parents are left wondering how their possession schedule should look in this new environment. 

Differing Parent Perspectives and the Corona Outbreak 

Managing parenting time with an ex is a sensitive subject for many and the coronavirus pandemic complicates it even more. Parents have different views on how their families should approach the pandemic.  For some, this means adhering to their custody order, while others believe that parenting time should take a backseat to stay safe. 

What if one of the divorced parents works in a high-exposure environment, such as the medical field? Given the ongoing number of coronavirus cases, it is possible that this parent could be exposed to the virus and transmit it, even unknowingly. This could potentially put the divorced couple’s children or the other parent at risk.

Even if no one involved in the child custody situation is around Covid patients, parents could have opposing views on the pandemic. One parent may not be as strict about social distancing, wearing masks or be lenient on their child’s activities, allowing their child to spend time with friends, go out to restaurants or engage in other high-risk activities that were perfectly normal before Covid-19. While the other parent may adhere strictly to shelter in place orders and take the risk of the virus much more seriously. If the two parents have very opposite perspectives on how to handle the situation, which parent is allowed to determine how to handle it for their child?

To complicate matters, even more, there is the issue of education. Should parents send their children back to school or opt for virtual schooling? Or do they feel it’s better to simply homeschool their children while school districts continue to sort through this “new normal”? One parent may believe that their child is at low risk for Covid and that their social needs should be considered. At the same time, another parent may fear the risk of infection if the child returns to school. 

The Court System and Family Law Issues During Covid-19

In an ideal world parents would work out their differences in the child custody corona situation on their own, but when that fails turning to the legal system is the best option. The legal precedents of child custody during a pandemic vary between states.

In Texas, the Texas Supreme Court sent out an emergency ruling stating that parents must follow any existing court-ordered possession schedules during the shutdown. The Court also noted that any stay-at-home orders by local counties or cities could not override the existing court-ordered possession schedules. For many parents in Texas, this news was a relief, while others were not so happy. Either way, the Texas Supreme Court has provided family law guidelines for Texas residents to follow. 

However, the child custody Covid situation in other states is much more difficult for parents and attorneys to make sense out of. Massachusetts, for example, has been as vague as to say that “parents should cooperate.” But what if they can’t agree on the percent of the time (if any) that their children should spend with the other parent?

What Recourse Do Parents Have Right Now?

Parents have many difficult decisions to make regarding the health, safety, and emotional well-being of their children. For divorced parents, these decisions are even more complicated. When parents have differing opinions on what is best for their children, it is best to reach out to an attorney for help before attempting to make changes to your custody agreement on your own. 

A family law attorney can help you understand the current laws and rulings in your state and how they may have changed (if at all) in light of the coronavirus pandemic. If you try to abandon the current agreement, or you have a former spouse who is doing so, it could make matters worse for you in the long run. It is better to have the law on your side when approaching this situation. 

Additionally, your attorney may have options and ideas that you and your ex could agree upon. For example, some families are using Zoom calls or Facetime for visitation. If you and your ex still cannot agree on a child custody Covid plan, then you may need to take your dispute to court. 

Working with a lawyer can also provide a buffer between divorced parents. While it is ideal that parents work together to decide what is in the best interest of their child, this is often difficult, especially in high conflict situations. But even if a relationship is amicable, having professional help to guide and facilitate an agreement could be best for you and your child. 

November 2020 San Antonio, TX: San Antonio Family Law Attorney Jennifer Espronceda was the recipient of the Top Attorney Award by San Antonio Magazine for 2020.  Each year San Antonio Magazine asks attorneys in the metropolitan area to nominate peers for this prestigious Top Attorney award. The magazine then selects the top 40 lawyers in San Antonio in a variety of practice areas. 

Attorneys cannot pay or solicit this award; they must be nominated by other lawyers who would trust them with caring for their own family’s needs. Each person solicited for nominations can select up to three fellow attorneys per area of practice. San Antonio Magazine then selects the top 10 to 15 percent per category based on the number of votes received. 

San Antonio Magazine performs a series of fact-checking and background verification on each of the nominees to ensure that they are in good standing before finalizing the list of lawyers to receive the award. 

Jennifer is honored to be one of the recipients selected by her peers for this award. Her firm, Espronceda Law, PLLC handles family law cases such as divorce, child support, and child support modifications. She is a native of San Antonio, holds an undergraduate degree with honors from Texas A&M University – Corpus Christi and she received her law degree from the University of Texas at Austin. In addition to her practice, Espronceda has also taught at the Institute for Law and Public Affairs at the University of Texas in San Antonio. 

The Top Attorney award that Espronceda received follows a series of awards. She’s also been recently named Best San Antonio Litigation Lawyer, Best San Antonio Lawyer, and Top Family San Antonio Lawyer by the San Antonio Scene. 

The COVID-19 pandemic has impacted the United States in numerous ways, and court systems are no exception.  Courts throughout the country have postponed hearings as they look for a safe way to move forward. One court in Texas held the first jury trial by zoom. The one-day zoom trial was held in the Collin County District Court just north of Dallas.

The jury selection process for the trial took place in May. Potential jurors logged into Zoom and were guided through the process by Judge Emily Miskel and Judge Keith Dean. Jury selection was live-streamed and recorded on YouTube by Judge Miskel. The case in Texas is over an insurance dispute and is considered a summary jury trial, which means that the verdict is non-binding.

Even though the verdict is non-binding, it provides both sides with perspective on how the trial would play out in front of a live jury. Mediation between the two parties will take place following the verdict.

The first jury trial case over Zoom involves a building damaged during a 2017 storm. The accuser is suing State Farm of not honoring its obligations to cover the property damage. The case was scheduled for trial in March 2020 but delayed due to the coronavirus pandemic.

The Challenges of Zoom Jury Trials

While holding a trial by zoom presents many challenges for the potential jurors, clients, law firms, and judges holding, it is a safer alternative than asking a large number of people to pack the courthouse and wear masks. To increase your likelihood of a successful jury trial (or bench trial), keep the following advice in mind. 

1. First, everyone involved must have access to high-speed internet. With limited availability of public spaces due to the coronavirus pandemic, it could prove difficult for jurors and the Judge to hear all of the evidence on each side if they experience slow speeds or interruptions.
2. Additionally, there’s always the potential for distractions from family members, someone ringing the doorbell, or any other issues that would not occur if jurors were in the courtroom. 

Trials by Zoom also present a challenge to the lawyers representing both sides. Lawyers on both sides must think through the entire case before it even takes place, exchange exhibits, and submit them to the court as either agreed or objected to. If your attorney doesn’t have the trial experience to anticipate the various angles and outcomes, it can cost clients more money than expected because of the wasted time during the hearing. In San Antonio area counties such as Bexar, Comal, Atascosa, and Guadalupe, being proficient in the counties’ different nuances could be critical to success in cases.

Attorney Jennifer Espronceda is a San Antonio native whose familiar with the unique challenges of counties in the surrounding area. These counties, which have experienced even more challenges caused by working remotely, are experiencing significant delays. In fact, between the safety concerns over COVID-19 and the demonstrations, these delays are at an all-time high. What used to take the district clerk two days to process can now take over 11 days. Under normal circumstances, hearings could be set the same week requested, but now with the backlog, it is taking much longer.

With Jennifer, you can move your case efficiently and get in the “queue” to finalize as soon as possible. Jennifer is a lawyer who knows the ins and outs of the process and the changes as soon as they happen because she is in Zoom court nearly every week. Her team is current on all the latest Bexar County practices and will handle your case quickly and efficiently.