We are now living in a very different world than when your possession and access schedule was approved by the judge. Some parents are arguing that because of "shelter at home" order, they should not meet to exchange the children. The Supreme Court of Texas has issued an emergency order regarding the COVID-19 as it relates to possession of and access to a child that is under a court-ordered possession schedule, "the existing trial court order shall control in all instances. Possession of and access to a child shall not be affected by any instances of shelter-in-place order."
Therefore, it is important to continue to exchange the children according to the Judge's order, while adhering to the safety rules as much as you can. As you may already know, the Tarrant County Family Courts are closed for normal business, so if you want to modify your current orders, you will not be able to until this health crisis is over. You may be heard by a judge if the reason for the requested change is an emergency.
According to the Tarrant County Family Judges an emergency includes 1) any request for extraordinary relief in a Temporary Restraining Order, 2) a request for a protective orders, 3) cps removals of children for their safety. 3) habeas corpus relief - when one parent unlawfully withholds the child from the other parent, 4) requests to release a person from jail (and ask for a bond) for a person who is detained for child support violations and 4) adoptions.
But remember, the possession order is just a safeguard, in case you cannot agree.
I wish you well in this difficult time.
My name is Anita Cutrer and I am a Board Certified family lawyer. If you need help with family matters, please contact us at 817-285-2855 or send us an email at [email protected] familylawtex.com