Question:
What is the procedure when traveling across state lines during COVID-19 quarantine, when you share custody?
Answer:
As I am barred only in Texas, I cannot provide specific legal tips with regard to your state in particular. However, I can provide some general guidance that may help you navigate your child custody issues during the COVID-19 pandemic.
No nationwide domestic travel prohibitions have been issued, and air and ground travel continues. However, many states have issued orders restricting both interstate and intrastate travel. Some have restricted all non-essential travel and further clarified their orders by defining what travel is considered essential.
Before traveling to exchange your children with your former spouse, consult your state’s executive orders, those in your former spouse’s state, and — if traveling by car — those in the states you will travel through for the exchange. If none of these states restrict travel, you likely are free to proceed with the exchange.
Keep in mind that a state’s stay-at-home order may define travel for these purposes as essential further into the document. Additionally, the order explicitly may not make mention of custody or children, but still may provide that travel for purposes of compliance with a court order is essential.
For example, the order may read similarly to the following: “Individuals may leave their residences for the purposes of traveling required by a court order.” This will apply to any order of the court, including any orders entered pursuant to your divorce or custody matter, so be sure to read the orders carefully and completely.
Additionally, be aware that some states specifically have issued orders regulating travel from certain states or localities. For example, Texas has ordered mandatory 14-day self-quarantines for people traveling by air from certain states, and previously implemented ground checkpoints to identify travelers from Louisiana. Keep in mind that you may be affected by travel restrictions like this.
If you plan to travel by air, be aware that the TSA has implemented social distancing procedures and modified their operations. Recent policies include an allowance for wearing a facemask during screening. However, the agency states that “a TSA officer may ask you to adjust the mask to visually confirm your identity.”
If you find that such travel is not restricted by your state, your ex-spouse’s state, or those states you will travel through by car, and your former spouse refuses to comply with your court-ordered custody or possession agreement, consider consulting a Cordell & Cordell attorney to seek enforcement of your parental rights. Bearing in mind the laws in your state, keep records of your former spouse’s refusal to comply and their stated reasons for doing so.
Regardless of whether you are able to facilitate exchange prior to the end of travel restrictions, these may be helpful to your attorney in the future.
If, however, any of the state orders restrict travel and do not provide clarification on whether travel for the exchange of children under a court order, or for purposes of complying with a court order in general, you should seek legal assistance from an attorney barred in your state.
