I wanted to write this article in order to provide parents with some guidance in light of the Coronavirus pandemic and the issues it creates for parents trying to navigate what the school closures mean for their child custody orders.

As many of you know, we are either just entering or just leaving the period of Spring Break for most Texas Schools. The COVID-19 pandemic has created urgent disputes among parents about who keeps the children during widespread post-spring break school closures, forcing the Texas Supreme Court to step in with an answer.

My custody orders specify that the periods of possession of a parent’s children begin and end at the time school dismisses and when school resumes. The issue many parents are dealing with is, “What do I do if my child’s school is cancelled?”

This is further complicated by the fact that many schools have announced that they are “extending spring break.”, which has legal ramifications under the wording of most child custody orders. This lead to many parents believing, understandably so, that they would gain extra time with their children. This also lead to parents concerned about losing time with their children due to this novel situation.

The Texas Supreme Court settled the issue Tuesday in its second emergency order of the pandemic, ruling that the originally published school schedule will control. You can read the full text of the second emergency order HERE.

“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 COVID-19 pandemic,” said the order, which added that parents are still allowed to change the possession schedule if they agree on the changes.

I wanted to write this so that all parents know where they stand with their orders and so that this already stressful time doesn’t become more stressful due to the wording in custody orders.

If you have any questions, please feel free to contact us at 713-999-9398 or email me at jmoon@moonlawfirm.com.