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Child Custody Exchanges during COVID-19 “Stay at Home” Orders

Baby in carseat

On March 24, 2020, Harris County Judge Lina Hidalgo and Fort Bend County Judge KP George both issued “stay at home” orders for all Harris County and Fort Bend County residents and businesses, with some exceptions as laid out in their orders. The orders are effective until April 3, 2020.

Do “stay at home” orders mean that I cannot exchange my child per our custody order or divorce decree?

The Supreme Court of Texas yesterday issued its seventh emergency order related to the COVID-19 state of disaster. The Supreme Court clarified that “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 an epidemic or pandemic including what is commonly referred to as the COVID-19 pandemic.”

You can read the full order here

Therefore, parents should continue to exchange their children pursuant to the possession and access orders rendered by their court. Our team will continue to closely monitor updates from the courts. If you have questions or are experiencing difficulty with possession and access, you may contact our firm to discuss your options. We are available from 8:30 AM to 5:00 PM at (832) 781-0320.