We’ve had many calls recently about what to do in the wake of school closures and possession orders. Luckily the Supreme Court of Texas has stepped in and dictated that:
“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” (emphasis added)
This means that for most possession orders, spring vacation is over, and the child should be returned to the conservator entitled to possession under the original order.
In Bexar County the Court’s have put out similar Orders which provide that parties shall follow the school district’s “originally” published school calendar. Additionally, the Bexar County District Judges have made clear that this order will be enforced.
Every situation is unique and as such it is always important to consult an attorney regarding the specifics of your case to make sure you are compliant with the court orders that have been previously been issued in your case.
By: Jessica Estorga