As the COVID-19 virus continues to spread, several county and city governments across the State of Texas have issued “shelter in place” orders prohibiting various activities. This has led to some confusion regarding the impact of those orders on child possession schedules.
On Tuesday, March 24, 2020, the Texas Supreme Court issued an additional order stating that these “shelter in place” orders do not affect or change any possession schedule issued pursuant to a divorce or other suit affecting the parent-child relationship.
The relevant part of the order provides:
This order applies to and clarifies possession schedules in Suits Affecting the Parent-Child Relationship. For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the existing trial court order shall control in all instances. Possession of and access to a child shall not be affected by any shelter-inplace order or other order restricting movement issued by a governmental entity that arises from an epidemic or pandemic, including what is commonly referred to as the COVID-19 pandemichttps://www.txcourts.gov/media/1446251/209050.pdf
You can read the full order here: https://www.txcourts.gov/media/1446251/209050.pdf