Does COVID-19 Really Affect Your Court-Ordered Visitation?

Tyler Kubinski • June 12, 2020

Does the Stay Home Order affect my visitation with my child?

No. The Texas Supreme Court issued the Twelfth Emergency Order on April 27, 2020, ordering “any person’s right to possession of and access to a child under court-ordered possession schedule in a Suit Affecting the Parent-Child Relationship, the existing trial court order shall control in all instances.” Therefore, any court order regarding possession and access of the child supersedes any Texas Stay Home Order. Any parent that refuses the other parent’s court-ordered visitation and access of the child is in violation of the order.

I live in a different Texas city than my child, am I still allowed visitation and access?

Yes. Most Stay at Home Orders have an exception that allows for “Essential Travel” that includes travel required by court order, including an administrative court order. Make sure to check your local county’s Coronavirus Orders before making any arrangements.

What happens if the other parent in possession of the child refuses to release the child because of the Coronavirus?

If the other parent in possession of the child is refusing to release the child, you need to hire a Family Law Attorney to file an Enforcement action against the other parent to enforce possession and access. Be sure to document the denial of visitation rights by email, text, etc. Also, try to only communicate about possession and access in writing.

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By Tyler Kubinski • July 28, 2020

Under the Texas Family Code, family violence is an act by a member of a family against another member of the family that was intended to result in: • physical harm; • bodily injury; • assault; • sexual assault; or • a threat that places a family member in fear of immediate and unavoidable harm. Family violence includes abuse. Abuse occurs when the act or failure to act that results in: • the mental or emotional injury to a child, • causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury, • physical injury that results in substantial harm to the child, or • failure to make a reasonable effort to prevent an action by another person that results in physical injury to the child.