COVID-19 Family Law Update No.2

My previous blog discussed the immediate issue of spring break periods of possession, but as school districts throughout the state have started to move beyond extended spring break to suspending classes indefinitely, questions regarding parent possession periods remained beyond the spring break issue.  

Periods of possession in the Texas Family Code’s standard possession order, such as weekends for example, permit periods to begin when school is dismissed on Friday and to end when school resumes on Monday morning.

As a statewide emergency has been declared by Governor Greg Abbott, the Supreme Court of Texas has issued an emergency order (linked here) declaring that possession periods under the standard possession order will be determined by the child’s school calendar as originally published, despite the fact that the child’s school may not be currently in session.

This order provides a comprehensive and uniform statement for parents and children throughout the state of Texas, and will remain in effect through May 8, 2020 unless extended by the court.