Surviving the Storm: How Divorced Parents Can Navigate Custody During Hurricane Season

The 2024 hurricane season has already demonstrated its severity with storms like Beryl, which left thousands in the Houston metro area without power for an extended period. This is a stark reminder of the challenges that natural disasters pose, especially for parents who share custody of their children. Ensuring that child possession arrangements prioritize the child's best interest is crucial during such times.

The Impact of Recent Storms
The recent storms, including Beryl, have highlighted the importance of being prepared for prolonged power outages and other disruptions. Many families in the Houston and Galveston areas have been reassessing their emergency plans, stocking up on supplies, and ensuring that their homes are ready for the next storm. However, it's equally important for parents who share custody to revisit their parenting plans to address potential natural disasters.

Reassessing Your Parenting Plan
If your parenting plan already includes provisions for natural disasters, now is a good time to review and update them to ensure they still meet your family's needs. If your plan does not include such provisions, it may be wise to consult with an experienced child custody attorney to discuss amending your plan.

Emergency Parenting Plan Provisions
Natural disasters can significantly impact your relationship with your children. Hurricanes and tropical storms can make it unsafe to transport a child to their other parent or necessitate evacuation. Parenting plans can include provisions that address these situations, detailing the actions co-parents should take during a disaster. For example, a provision might allow the parent currently with the child to deviate from the standard parenting schedule to ensure the child's safety, whether that means evacuation or sheltering in place.

Flexibility with Possession Schedules For Children's Health
During power outages, especially in the brutal Texas summer heat, it's vital for parents to exhibit flexibility with possession schedules based on which parent has electricity.  Undeniably, life is miserable for anyone living without air conditioning or refrigeration in the middle of record breaking heat currently in the Houston area.  But children suffer the most because their smaller bodies cannot regulate heat as well as adults can.  Extreme heat can lead to heatstroke and other severe health issues much more quickly for children.  In fact, health experts report that children represent almost half of all reported heat related illnesses.   Parents living apart and under child possession orders need to take practical steps for the best interest of the child in emergency situations, even if it is not strictly in the court order.   Co-parents should agree to allow children to stay in the home of the parent who has electrical power with air conditioning, even during periods not court ordered.  The parents can agree to provide "make-up time" (additional periods of possession) to the non-powered parent when they regain electrical service. This practical approach helps ensure the child's well-being and maintains a fair custody arrangement.  Most possession orders provide a clause that allows parents to deviate from the possession order if it is mutually agreed.  Parents should reduce such agreements to writing so expectations are clear, and to avoid any confusion or accusations. 

Communication During Emergencies
In addition to specific emergency provisions, it’s important for parents to include steps for maintaining communication during emergencies. Even if these steps aren’t outlined in your parenting plan, regular communication with your child’s other parent is essential to ensure everyone is informed and on the same page.  This may not be easy, but it is critical for the benefit of your child, especially during an emergency.

Legal Advice and Support
Ensuring your child's safety should be your primary concern, especially during a natural disaster. Coordinating with your co-parent and informing them of your plans is crucial. Once the immediate threat has passed, consider seeking legal advice to address any deficiencies in your parenting plan related to disaster planning.

The recent storms in Houston area  have underscored the need for thorough and flexible parenting plans that prioritize the child's best interest during emergencies. By revisiting and potentially amending your parenting plan, you can ensure that you are prepared for any future natural disasters, keeping your children safe and your custody arrangements clear and manageable.

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