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COVID-19 and Family Law Issues

2,424 Views | 7 Replies | Last: 3 yr ago by SuzyQ06
SuzyQ06
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Hey Ags.

I've had a lot of questions about how coronavirus affects ongoing custody cases, prior orders, and divorces. In short, it depends. Please call your attorney and ask as your specific facts will have a huge impact on what should and should not happen. However, here are the general "ground rules" that I am seeing evolve.

1) Courts do not want one parent to use the coronavirus against the other one as a reason to withhold the child. At the end of spring break, almost every single court in the state, as well as the Texas Supreme Court, issued advisory opinions (unheard of!) stating that the originally published school calendar would control Spring Break start and end times in conjunction with the language in possession orders. If a parent claimed that a school "extending spring break" gave them the right to refuse to turnover the child, that parent was wrong (and still is wrong) and could be held in contempt, absent some exigent circumstance (i.e. CDC recommendations as to quarantines, illnesses). This odd time is also not to be considered the start of summer, even if your school is cancelled for the rest of the year.

2) Shelter-in-place: Tarrant County has not yet issued any shelter in place orders. Dallas has. Dallas family courts stated that custody exchanges were to be considered "essential travel," thus, a parent could not use the mere fact that a shelter in place order was issued to prevent the exchange. I do not know for sure, but I expect Tarrant County to follow suit. Other counties may be following suit shortly.

3) Dallas County also stated that if a parent, or person on the household (including child) has been exposed to the coronavirus, then the other parent needs to be notified. This is likely a good practice that all co-parents should follow.

4) Tarrant County has issued Emergency Standing Orders in relation to ALL pending and to-be-filed divorces and custody suits. These orders largely mirror "standard" temporary injunctions that are routine in most cases; however, these injunctions may differ from those that are entered in your case. Please consult your attorney to determine which ones control. Dallas County already has standing orders for its family cases (prior to coronavirus), so if you are in Dallas County, you are already subject to standing orders. If you have questions, consult your attorney.

These are unprecedented times. While the courts are largely "closed," they are still hearing essential matters. If you are entitled to custody of your child, you may have the ability to file a writ of habeas corpus (a right "to the body" of your child) and have it heard as soon as possible. Please call your lawyer ASAP if you have this type of a situation going on.

I'll try and update y'all with future family law developments. If I could figure out how to upload the relevant orders, I would, but I'm not seeing that capability here.

If you have any questions, feel free to call me at 817-737-4000. My office is open, but we are all working remotely.

The Shank Ag
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Suzy, message me on FB real quick
schwabbin
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AG
My kids are both asleep. Lawlessness will resume around 6a when they wake.
gigemaggies88
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I have 2 foster kids I have had for a year and 8 months. We were waiting on the court date to be able to adopt in Collin county. We are now in a holding pattern and will be pushed way back. No date can be set till this passes
JBLHAG03
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AG
Ah yes, my ex wife already said "due to the state of things" kids should stay with her for time being for safety.
SuzyQ06
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JBLHAG03 said:

Ah yes, my ex wife already said "due to the state of things" kids should stay with her for time being for safety.


Seriously? Call me. The courts will chew her ass out. There are always exceptions but if you're in Tarrant, you don't have to sit back and take it.
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agforlife97
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AG
JBLHAG03 said:

Ah yes, my ex wife already said "due to the state of things" kids should stay with her for time being for safety.
My ex said the same, but there's now a Texas supreme court case that recently came out reiterating that visitation is not affected by any lockdown.
SuzyQ06
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AgForLife - I think you are thinking of the TX SC's 7th Emergency Order that was issued last week. I'm definitely dealing with shenanigans between parents right now. For the most part, most lawyers are on the same page about this and are giving the same advice. But there are some out there that are not. Time will tell...


FWIW - They just issued their 8th Emergency Order today tolling statutes of limitations and other deadlines.


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