Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, March 23, 2020

As COVID-19 Disrupts Spring Break, Texas Supreme Court Resolves a Key Custody Dispute

From Texas Lawyer

The COVID-19 pandemic has created urgent disputes among divorced parents about who keeps the children during widespread post-spring break school closures, forcing the Texas Supreme Court to step in with an answer.

Family law attorneys have been fielding calls from anxious clients asking questions about whether they were going to get their children back from their ex-spouse after spring break. Those lawyers, in turn, have bombarded the state‚Äôs district courts, pleading for a definite answer to pass on to parents. Next, those judges called the Texas Office of Court Administration for guidance, leading to the Texas Supreme Court to take action.

Many divorcees follow the Texas standard possession order that says the custodial parent, whom the child lives with, and the noncustodial parent, will alternate years to keep their children on spring break. This year, many noncustodial parents had possession of their children over spring break, and their orders directing them to return the child the evening before school resumes.

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