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Coparenting emergency planning became urgent for millions of families in March 2020. Schools closed, courts shut down, and many parents were unsure whether custody orders still applied. A coparenting emergency can also come from a hurricane, wildfire, military deployment, or sudden hospital stay.
In most cases, your existing parenting plan stays in force during a crisis. However, most plans never say what happens when normal life stops. As a result, parents often argue about travel, safety, and makeup time. This guide covers how courts handle a coparenting emergency, what the law says, and how to protect your children and your custody rights.
What Courts Expect During a Coparenting Emergency
Courts made one message clear during COVID-19: follow the existing order. For example, the Texas Supreme Court issued an emergency order on March 13, 2020. It said custody would follow the original published school calendar, even if schools closed. As a result, a school closure did not turn into extra time for either parent.
Other states took similar steps. Michigan’s 2020 stay-at-home order allowed travel to follow a custody order. In a coparenting emergency, judges typically expect both parents to cooperate and keep the schedule. They rarely reward a parent who keeps a child away out of general fear.
The American Academy of Matrimonial Lawyers (AAML) and the Association of Family and Conciliation Courts (AFCC) issued joint guidelines in March 2020. They urged parents to follow orders, be honest about health exposure, and be generous with makeup time. Many judges still point to these principles today.
Legal Tools Available in a Crisis
A true coparenting emergency may justify a quick court filing. Most states allow emergency or “ex parte” custody orders when a child faces immediate harm. However, fear of an illness alone usually does not qualify. You typically must show a specific, immediate danger to the child.
The rules vary by state. For example, California Rules of Court, rule 5.165, requires notice to the other parent by 10:00 a.m. the court day before an emergency hearing. Jurisdiction can also be a problem if a family evacuates across state lines. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) covers this. It has been adopted in 49 states and Washington, D.C. Section 204 gives a court “temporary emergency jurisdiction” to protect a child in its state.
| Legal Tool | When It Applies | Example |
|---|---|---|
| Emergency (ex parte) order | Immediate risk of harm to the child | California rule 5.165 notice rules |
| UCCJEA temporary jurisdiction | Child is in a new state during a crisis | UCCJEA Section 204 |
| Makeup parenting time | A parent loses scheduled time | Illinois 750 ILCS 5/607.5 |
| Electronic communication | In-person visits are not possible | Texas Family Code 153.015 |
Virtual visits can help in a coparenting emergency. Utah passed the first virtual visitation law in 2004. Texas Family Code 153.015 lets courts order electronic communication between a parent and child. However, video calls typically add to parenting time. They do not replace it unless a court says so.
How to Build a Coparenting Emergency Plan
The best time to plan is before a crisis hits. A written coparenting emergency plan cuts down on conflict. It also gives a judge clear proof of what both parents agreed to. You can add it to your parenting plan as a stipulated change. In most cases, a judge will approve a reasonable agreement without a full hearing.
Your plan should cover these key points:
- Who keeps the children if schools or daycares close
- How exchanges happen if travel is limited
- How parents share news about illness or exposure
- Where children go during an evacuation
- How makeup time is scheduled after the crisis
- Who holds copies of medical records and prescriptions
Communication matters most during a coparenting emergency. Use a written tool like OurFamilyWizard, TalkingParents, or plain email. Keep messages short and focused on the children. As a result, you create a record that shows good faith. For example, a text saying “I tested positive; can we swap weekends?” is far better than silence.
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Document everything if the other parent refuses to cooperate. Write down missed visits, dates, and reasons given. Illinois law, for example, lets courts order makeup time when parenting time is wrongly denied. However, courts typically expect you to try to work it out first.
Frequently Asked Questions
Can I keep my child from the other parent during a coparenting emergency?
In most cases, no. Courts expect both parents to follow the existing order unless there is a specific danger. However, if a child faces real, immediate harm, you can ask the court for an emergency order.
What happens if a pandemic makes me miss my parenting time?
Typically, you can ask for makeup time. Many states let courts order it when time was lost. For example, Illinois law allows makeup time as a remedy when parenting time is wrongly denied.
Do I need a lawyer for a coparenting emergency?
Not always. Many parents settle a coparenting emergency by written agreement. However, you should talk to a family law attorney if you need an emergency order or if the other parent will not cooperate.
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Official Sources & Resources
For verified divorce and family law information:
- State Court Self-Help: usa.gov/state-courts
- ABA Family Law: americanbar.org
- Office of Child Support Enforcement: acf.hhs.gov/css
- Legal Aid Finder: lsc.gov
Content last reviewed September 2026. If you notice any outdated information, please contact us.