SECOND EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER

The Supreme Court Of Texas has issued a second Emergency Order Regarding the Coronavirus (COVID-19) as it pertains to child custody and visitation matters. Below is a republication of the order, Misc. Docket No. 20-9043, in a text format, and in a pdf file format.

IN THE SUPREME COURT OF TEXAS

══════════════════ Misc. Docket No. 20-9043 ══════════════════

SECOND EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER

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ORDERED that:

1. Governor Abbott has declared a state of disaster in all 254 counties in the State of Texas in response to the imminent threat of the COVID-19 pandemic. This order is issued pursuant to Section 22.0035(b) of the Texas Government Code.

2. This order applies to and clarifies possession schedules in Suits Affecting the Parent–Child Relationship. For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID- 19 pandemic.

3. Nothing herein prevents parties from altering a possession schedule by agreement if allowed by their court order(s), or courts from modifying their orders.

4. This Order is effective as of March 13, 2020, and expires May 8, 2020, unless extended by the Chief Justice of the Supreme Court.

5. The Clerk of the Supreme Court is directed to:

  1. post a copy of this Order on www.txcourts.gov;
  2. file a copy of this Order with the Secretary of State; and
  3. send a copy of this Order to the Governor, the Attorney General, and each

member of the Legislature.

6. The State Bar of Texas is directed to take all reasonable steps to notify members of the Texas bar of this Order.

Dated: March 17, 2020

Misc. Docket No. 20-9043 Page 2

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