News and Insights

On March 24, 2020 the Supreme Court of Texas issued its seventh order regarding the COVID-19 disaster and this order affects family law orders.  State and local officials have closed schools and issued shelter-in-place orders intended to slow the spread of the coronavirus.  Many parents who share custody of children pursuant to a court order do so on a schedule that corresponds to days of the week and the public school schedule.  With schools closed and instructions to limit movements and hunker down, many parents want to know how these infection mitigation protocols affect the schedule for the kids between parents' houses and specifically whether or not shelter-in-place orders supersede their custody orders. 

Question:  Do I follow the schedule in my court order for child custody during pandemic shelter-in-place orders? 

Answer:  Yes, as of this writing the Texas Supreme Court's order says that you follow the residential schedule in your existing Texas court order.  Note that a prior order clarifies that school closures related to the pandemic are not holidays in the meaning of the custody order.  You should follow the order as if school were in session.   

Here is a copy of the order:  Texas Supreme Court Order Concerning Child Possession Schedule During Shelter-in-Place Orders

The high court's order continues the dominance of state custody orders over "other orders restricting movement issued by a governmental entity."  This I believe contemplates subsequent orders from state and public health officials made to implement and enforce principles of social distancing on a broader scale.  I do not believe that the Court intends this order to affect subsequent orders made pursuant to Chapter 81 of the Texas Health and Safety Code for formal quarantines. 

To be clear, the orders made affecting folks in Texas' major cities as of this writing are NOT quarantine orders made pursuant to Chapter 81.  Quarantine orders are a different animal entirely and more commonly pertain to specific affected persons and places.  If a quarantine order issues by a competent authority affecting your family, that order will control over your custody order.