3 Ways Hurricane Season Can Impact Miami Custody Agreements

 Posted on November 13, 2024 in Child Custody

Miami residents enjoy the warm weather and beaches that the city is famous for. However, anyone who lives there also knows that hurricane season can have a major impact on many aspects of life. Plans can quickly change and people need to adapt and change course when a dangerous storm hits.

Hurricane season can create unique challenges for divorced parents with shared custody. The good news is that many other parents have handled similar challenges before, and a knowledgeable Miami, FL custody attorney can prepare you for issues you may not have otherwise anticipated and help you navigate complications that might arise.

Changes to the Visitation Schedule

During hurricane season, plans and schedules might need to change with little notice, and visitation schedules are no exception. It might be impossible for a parent to travel to pick up their child when they are supposed to if there is a hurricane raging and the roads are unsafe. A parent might be unable to accommodate the child on his or her appointed day if a storm has knocked out their power or their home has been damaged.

It may be helpful for parents to include a contingency plan in their custody agreement. For example, there could be a provision that if a hurricane prevents a parent’s scheduled visitation, that time can be made up later, once weather conditions improve. Clear agreements in writing about how to proceed during these emergencies can help avoid added tension during an already stressful time.

Special Communication Guidelines During a Hurricane

When a hurricane hits, phones and power lines are often affected and it can be difficult to communicate. This can be a challenge for children whose parents share custody but do not live together. Parents should create a plan for staying in contact with their child and each other in case of emergency.

One helpful suggestion is to agree on multiple ways to be in contact (for example, by phone call, email, texting, and social media), with the awareness that if one of those methods is out of commission they should try the others. They should make sure their children have a list of all necessary emergency contact information for each parent.

They should also agree on a rendezvous point, meaning a safe location where the parents and child can meet if they need to evacuate. This way, even if they are unable to reach each other through any of their agreed-upon communication means, they still have a plan for meeting up.

Hurricane-Related Custody Modifications

In general, parents are not legally permitted to deviate from the custody agreement. When one parent repeatedly prevents the other from having their agreed-upon visitation, the other parent can often bring the matter to the court to handle. However, hurricanes can be dangerous and unpredictable, especially when they do not follow the exact path that weather forecasts indicate.

If a parent temporarily violates a custody agreement during a hurricane to protect the child’s safety, this would likely be considered an action taken in good faith. As with all child-related considerations, the child’s best interest is always prioritized. On the other hand, if a pattern emerges of one parent repeatedly using the excuse of hurricane season to deny the other parent access to the child, a court might decide to impose legal consequences.

Schedule a Free Consultation with a Miami, FL Custody Lawyer

If you and your child’s other parent find it challenging to navigate shared custody during hurricane season, a qualified Miami, FL family law attorney can help. At Miami Family Law Group, PLLC, we have years of experience helping families deal with the unique challenges of living in such a hurricane-prone city and we are passionate about helping you resolve problems. Call us at 305-520-7874 to schedule a free consultation.