The National Oceanic and Atmospheric Association (NOAA) predicted an above-average hurricane season this year, which is a solemn reminder that people in hurricane-prone areas like Florida face severe storms that destroy homes and disrupt the lives of families.
Navigating these natural disasters can be even more challenging for parents who are going through a separation or are recently divorced. Natural disasters don’t respect court orders or custody schedules, making proactive preparation critical. Safeguarding essential legal documents and establishing communication and contingency plans are crucial steps for protecting your legal parenting rights and, most importantly, ensuring your children’s well-being during an emergency.
A divorce decree outlines parental responsibilities and custody schedules, support agreements and property division. Without these documents, a parent may be unable to prove their legal right to pick up or communicate with a child during an emergency evacuation or shelter-in-place. Securing these documents ahead of time, both digitally and physically, is an essential part of a storm-preparation plan that spells out each parent’s legal rights during a highly stressful situation.
Even in today’s digital world, keeping a certified copy of your divorce decree and other key documents in a fire- and water-resistant safe is essential. Store another physical copy in a bank safe deposit box, on file with your attorney, and/or with a trusted friend or family member. Digital copies can be stored on an encrypted cloud service, an external hard drive, or a USB stick. This ensures your information is accessible even during a significant storm.
Divorced parents should also proactively protect their insurance and beneficiary information. Health, home, and auto insurance policies must be up-to-date to expedite claims after a natural disaster. Because life insurance and retirement account beneficiaries often change following a divorce, make sure to review and update such documents prior to a storm.
A disaster connection plan is essential as communications between divorced parents may be strained even in ordinary circumstances. Parents should work on a written communication plan and include the names of emergency contacts, shelter locations, and backup communication methods if cell service is disrupted. Children should be made aware of these plans. Also, update close family members and friends who may need to help if the children are not with the parents during the emergency.
Florida law prioritizes stability in child custody arrangements, requiring court approval for any permanent relocation exceeding 50 miles. However, natural disasters such as hurricanes may force temporary, longer-distance displacement. Under Florida law, a parent may temporarily relocate with their child for up to 60 days following a disaster. The relocating parent must provide their co-parent with a forwarding address, a plan for return, and ensure regular communication with the non-relocating parent. To prevent conflict, parents should collectively outline a temporary relocation plan and an evacuation decision tree, adjusting them to accommodate the disaster.
Children of divorce may already feel heightened anxiety moving between households, even before a hurricane or other natural disaster strikes. Parents can reduce this stress by discussing disaster plans in calm, age-appropriate ways. Showing children where documents are stored, practicing evacuation routes, and explaining how both parents will remain in contact provides reassurance. Encouraging children to memorize phone numbers or keep a small emergency kit in their backpacks fosters independence and security.
Disasters remind us of how fragile stability can be. An action plan can make the difference between chaos and calm, and though it won’t completely eliminate stress, it does equip families with the tools to protect their rights, children, and futures when it matters most.
Rebecca L. Palmer is a family and marital law attorney practicing in Orlando.
