Family Law and Divorce Attorney

Published March 19, 2020 by Shane Kersh

COVID-19 and Visitation

Unfortunately, the entire world has been turned upside down by the outbreak of COVID-19, and Texas Family Law certainly is not immune.

Most courts are closed to all matters except for mandatory or emergency settings. This list would include CPS cases, protective orders, writ of habeas corpus and some temporary restraining orders. This unfortuante circumstance makes it impossible to set matters for a hearing-meaning that there will be many issues that will need to wait to be heard and decided by the courts.

Our office has received numerous calls from clients (and non-clients) about how to handle periods of possession and access for the children. Some folks are refusing to return the children, while others are concerned about long distance travel for their kids.

The Supreme Court of Texas has issued emergency orders on this matter, and I’m advising our clients is to follow the original order and the language of the original published school calendar.

The emergency order states,"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."

I have no idea how the courts will handle all of the enforcements which are sure to come, but I highly advise people not put themselves in a position to find over a selfish act.

To be the best family lawyer for our clients, I would hope we all use common sense during this time and simply advise our clients to follow the court’s order and put the children first.

Published March 19, 2020 by Shane Kersh