Family Law & Disasters

• Make copies of your important legal documents.
• Store the original documents somewhere safe, such as:
  • A safe deposit box at your bank;
  • A small fireproof, waterproof safe in your home.
  • Online in the cloud so you can access your documents from anywhere with your password.
• Important documents to copy and store:
  • Driver’s licenses or other state-issued IDs.
  • Passports
  • Social Security cards.
  • Green cards, residency cards, or work authorizations.
  • Naturalization or citizenship documents.
  • Birth certificates.
  • Marriage and death certificates.
  • Adoption papers.
  • Child custody documents.
  • Divorce decrees.
  • Protective orders (for victims of domestic or partner violence).
  • Your child’s individualized education program (IEP) or Section 504 plan.

For some of these legal documents, you may be able to get a copy from the attorney who represented you or from the court that handled the legal issue.

• “Pre-dispute resolution” means:
  • Creating a plan to deal with legal situations you think might happen.
    • Parents in joint custody agreements might create a plan for taking care of their children if the kids need to leave their home.
      • because of an approaching disaster, like a hurricane, or after a disaster due to damage to the home where the children live.
    • Planning ahead can make things easier and less stressful after a disaster.
      • Plans could involve caretakers who are not parents, such as grandparents or trusted friends.
      • Helps avoid personal disputes that could end up in court, making it easier for disaster survivors to recover.

• A “Power of Attorney” (POA) is a legal document that gives someone the power to make decisions on behalf of another person.
  • During disasters, a POA arrangement can help protect your money, property, and children if you become incapacitated (unable to make decisions for yourself).
    • If you become incapacitated and have not created a POA, a friend or family member might have to ask a court to pick a legal guardian for you. (See the Court-Appointed Guardianship section.)
  • The person you give a POA to doesn’t need to be a lawyer or financial expert.
    • The best choice is someone you trust. Many people choose a family member.

• A “will” is a legal document that spells out what should happen with your money, investments, property, and children under your care when you pass away.
  • If you don’t have a will, family members and other relatives might disagree over what to do. A judge might even make the final decision.
• It’s best to ask a lawyer to help you prepare a will.
  • They know how to write a will that is clear about your wishes.
  • A lawyer should also make sure your will is valid in all states and territories.

• If you don’t have– or if you lost – your important documents, get copies or replacements as soon as you can.
  • You often need them if you go to court.
  • How To Replace Lost Documents.

• If you were a victim of domestic violence before a disaster struck, you may already have a protective order from the court to keep your abuser away from you.
  • It’s important to have this document with you.
    • An abuser can be arrested and put in jail if they violate a protective order.
  • If you lost a protective order, contact the clerk in the court where you received the protective order.
    • Ask for another copy.
    • Having your protective order can help you if you need to contact the police.
  • If you relocated to a different state or territory because of a disaster:
    • Your protective order can probably still be enforced.
    • If you have reason to believe an attacker is going to violate the order, call 911.

• Disasters can complicate joint custody agreements.
  • You and your children might temporarily have to live in a different place.
• If a flood or other natural disaster seems likely:
  • The parent who has the children at the time should make an honest effort to contact the other parent.
    • The parents need to agree on a plan.
    • Keep notes about any efforts you make.
      • These notes should show the dates you tried to contact the other parent, if the other parent responded, how you communicated, and what was said or written.
    • If you cannot return your children to the other parent because of disaster-related conditions:
      • Take pictures of these conditions so you can provide proof to a judge.

• A disaster might affect a person’s income and ability to pay child support and alimony.
• A person who is supposed to pay child support or alimony may use a disaster as an excuse to delay, stop, or lower their payments.
• You may be able to get help from the court if:
• You know that the person who owes the alimony or child support is still getting paid for work, but they aren’t paying what the court ordered.
  • You may be able to file a petition with the court to enforce the payment.
    • In many states and territories, and under federal law, the person who fails to pay can be charged with a crime.
  • You aren’t able to work as much or at all because of a disaster.
    • You may be able to ask the court to modify its order so you can pay a reduced amount for alimony or child support.

• After a disaster, the children in your care might have to live somewhere else for a while because of damage to your home. You also might still be together but living in temporary housing in a different area. What does this mean for where your children go to school?
  • Federal law guarantees certain educational rights for children who are homeless or displaced by a disaster, no matter where they live in the country.
    • These rights apply to children who live in shelters, transitional housing, cars, campgrounds, hotels, and motels. They also apply to children who must temporarily live with other people because of a disaster.
    • Federal law gives students who are homeless or displaced the right to:
  • Go back to the school they attended before the disaster.
    • The school district must provide the student with transportation to and from school if a parent or guardian asks for it.
  • Enroll immediately into the public school where they’re living.
    • The school must accept this enrollment even if the student doesn’t have certain documentation like proof of residency or immunization records.
  • Challenge a school’s decision if the school decides the student should not be allowed to enroll.
    • The student can keep attending school during the challenge process.
    • The school district must provide a written explanation of its objections to the student’s enrollment.
    • Receive free school meals.
  • Participate fully in the school’s activities.
    • This includes after-school activities.
  • Receive transportation to their new school.
  • Continue special education services.
    • The new school district must provide special education services similar to the services of the old district.

• Like a Power of Attorney, court-appointed guardianship is a legal way for someone to make decisions for another person who can’t make decisions for themselves or manage their own health care.
  • But there are very important differences:

Power of Attorney

Court-Appointed Guardianship

You pick who you is allowed to make decisions for you.

Someone else picks someone to make decisions for you – and asks a court to approve the choice

• Legal guardianship is assigned by a court, such as the family court.

• Child guardianship.
  • Courts may appoint a guardian when a child’s parents are unable to make decisions about their child’s well-being.
    • This might happen if the parents pass away and don’t have a will that says who should take care of the child.
    • This can also happen if the parents can’t care for the child because of illness or injury.
• Adult guardianship.
  • Sometimes adults are unable to take care of themselves or make decisions.
    • This could be because of a physical or mental disability.
      • If that adult did not arrange to give someone POA, the court can appoint a guardian to make decisions about the adult’s medical care, housing, and finances.