On March 17, 2020, the Supreme Court of Texas issued an emergency order clarifying how possession schedules should be interpreted as a result of the many school cancellations occurring across the state.
Many possession schedules provide a parent with possession during the entirety of Spring Break alternating each year. Several school districts have “extended Spring Break” by a week.
Many other possession schedules make reference to school schedules in determining pick up and drop off times.
The relevant part of the order reads as follows:
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 original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID19 pandemic.https://www.txcourts.gov/media/1446106/209043.pdf
You can read the entire order below:
- COVID-19 FAQ For Your Family Law Concerns - March 27, 2020
- TX Supreme Court Issues Additional COVID-19 Guidance for Child Custody - March 25, 2020
- Modifying Child Support Obligations - March 20, 2020