As of this writing, the Palisades and Eaton fire has yet to be extinguished, and the Hughes fire has led to widespread evacuation orders in Los Angeles.
This is the reality that California residents face every year, not to mention other natural disasters. And climate change is turning these disasters into even more terrifying events.
These life-threatening events typically strike without warning, completely disrupting daily life. Amid the chaos, families with parenting plans in place may face unique challenges.
Inevitably, natural disasters impact custody arrangements. This can add more stress to children and parents, as well as worry about evacuations and property damage.
Natural Disasters That Plague California
Out-of-control wildfires, driven by strong dry winds, destroy thousands of hectares every year. When they are really bad, they also destroy thousands of homes. This means an abrupt shift in families’ parenting plans, schooling, transportation, work, and more.
California is also prone to natural disasters like earthquakes and floods. These can also displace families, making any custody agreement harder to keep to.
How Natural Disasters Impact Custody Arrangements
The point of a custody agreement is to provide stability for children. When natural disasters happen, it does not mean that the agreement is null and void. It means that the agreement will be impacted and should likely be modified.
Some of the most common ways disasters affect custody include:
- Displacement. One parent may need to evacuate to a location far from the other parent’s residence.
- Inaccessibility. Natural disasters often make many roads and public transport systems inaccessible. This means it may be impossible to stick to a custody schedule.
- Relocation. If one parent’s home is destroyed, they may need to relocate permanently. The same applies if they lose their job because the disaster destroyed their place of work.
- Safety. One parent may believe the other parent’s location is unsafe for their children after a natural disaster. This could prompt a request for temporary custody changes.
Modifying Custody Arrangements
When natural disasters happen, you must act quickly. You and your ex-spouse must act in the best interests of your children to ensure their safety. If, afterward, you need to modify your custody arrangement because of the impact of the disaster, you must still comply with California’s family law guidelines.
This means a new written agreement, even if it is initially informal. While you both navigate the aftermath of a disaster, you can try to work out a new temporary schedule that works for everyone.
If it becomes clear that long-term changes are needed, you will likely have to file a formal request with the relevant court.
The move must comply with the relevant laws if these changes include you or your ex relocating. If you are moving, you must notify your ex, and vice versa. You may also need to get court approval to move.
You can request an emergency custody order if you are in an urgent situation or emergency. It will help address immediate safety concerns, which should be your first consideration. You will, however, have to provide proof of these concerns.
Keep in mind that your existing parenting plan likely includes provisions for emergencies. Review your plan to confirm what you can and cannot do.
What to Do After a Natural Disaster
If a natural disaster immediately impacts your custody arrangement, your first step should be to consult with your ex-spouse. Discuss the impact of the disaster and work together to find a temporary solution.
It is also critical to record how the disaster affects your ability to stick to the custody agreement. You can take photos, email, or text your ex-spouse as the situation unfolds.
Natural disasters have long-term impacts, which may apply to your custody agreement. If you are unsure how to proceed, ask your lawyer for assistance.
Throughout all of these plans and arrangements, you and your ex must prioritize the safety and stability of your children. It is not an opportunity to get one up over the other. Instead, you must ensure that your children have shelter, food, and the necessary medical care (if needed).
How Courts Evaluate Custody Modifications
The family court’s job is to ensure minimal disruption to your children’s routine. However, temporary custody will go to the other if you or your ex’s location is unsafe after a disaster.
If you and your ex cooperate to ensure you act in your children’s best interests, you will find it easier to approve custody modifications.
If relocation is involved, the court will inevitably assess whether the move benefits your children’s well-being.
Protecting Your Custody Arrangement
While you cannot do anything about natural disasters, you can get help to protect your custody arrangement. An experienced lawyer can help address your situation and advise you on the best way forward, keeping your children’s needs in mind.
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