Under Texas Law, possession of and access to children is governed by whatever order is controlling/in place.  To the extent agreements concerning possession of and access to children are not agreed between parties, the fall back is always the language in the order. On April 27, 2020 the Texas Supreme Court signed its “Twelfth Emergency Order Regarding the Covid-19 State of Disaster.” Contained therein is the following language concerning how possession should not be altered by the Covid-19 pandemic:

In determining a person’s right to possession of and access to a child under a court ordered possession schedule in a Suit Affecting the Parent-Child Relationship, the existing trial court order shall control in all instances. Possession of and access to a child shall not be affected by any shelter-in-place order or other order restricting movement issued by a governmental entity that arises from the pandemic. The original published school schedule shall also control, and possession and access shall not be affected by the school’s closure that arises from the pandemic. Nothing herein prevents parties from altering a possession schedule by agreement if allowed by their court order(s), or courts from modifying their orders on an emergency basis or otherwise.

Twelfth Emergency Order Regarding the Covid-19 State of Disaster, paragraph 6.

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