Dallas, TX asked in Child Custody, Child Support and Family Law for Texas

Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She basically shuts us out and to her what we think is not important. Does she have to quarantine with her mom even though she is negative? Her mom says she probably tested negative because she tested her “too early”

1 Lawyer Answer
John J. Pfister Jr.
PREMIUM
John J. Pfister Jr.
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID - then the proper procedure is to file a motion to modify with court of continuing jurisdiction and seek a TRO. Not saying a court would grant it and gets expensive for such a short term fix since once everyone tests negative, the issue will pass.

In short, even if she goes to her Mother on her time, the Father is still entitled to have her on his time. Father can't withhold her from Mother because of mom's COVID positive absent a court order but Mom can't withhold her from Dad during his periods of possession.

Hope that helps

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