Dallas County Family District Courts on Possession and Access During the Stay Home, Stay Safe Order

Mar 28, 2020Child Custody

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Dallas County Family District Courts’ Joint Statement Re: Possession and Access During the March 22, 2020 Dallas County Amended Order to Stay Home, Stay Safe

For all Family Law cases in Dallas County:

  1. Governor Abbott previously declared a state of disaster in all 254 counties in the State of Texas in response to the COVID-19 pandemic.
  • On March 22, 2020, County Judge Jenkins issued an “Amended Order of County Judge Clay Jenkins Stay Home Stay Safe”. Hereinafter this order shall be referred to as the “Dallas County Shelter in PlaceOrder.”
  • For the purposes of the Dallas County Shelter in Place order, exchanges relating to the possession and access to children are considered “essential activities.”
  • The Dallas County Shelter in place order, standing alone, does not modify current Orders regarding possession and access.
  • During the Covid-19 pandemic, other factors may exist that affect possession

and access to a child, including:

  1. The child’s best interest;
    1. A material and substantial change of the circumstances of the child, parent orconservator
    2. The child’s physical health;
    3. The physical needs of the child;
    4. The physical dangers to the child; and
    5. The ability of the parents to care for the child.

IT IS ORDERED:

  • If a parent or conservator subject to a family court order has been diagnosed with, or has reason to believe they or have been exposed to the COVID-19 virus, that person SHALL notify the other parent of the diagnosis or exposure.
  • If a parent or conservator knows that a child has been diagnosed with or has reason to believe that a child has been exposed to COVID-19, that person SHALL notify the other parent or conservator of the diagnosis or exposure.
  • If a parent, conservator or child has been diagnosed with or if a parent or conservator has reasonto believe that they or the child have been exposed to

COVID-19, the parents and/or conservators shall confer to discuss actions necessary to protect the child’s safety and welfare.

  • Subject to the restrictions set forth in any Supreme Court of Texas, municipal, county, or state emergency order, nothing herein prevents parties from altering a possession schedule by agreement, if allowed by their court orders, or courts from modifying their orders.
  1. Absent further court order, this Order is effective as of March 22, 2020, and
  2. expires upon the termination of the Dallas County Shelter in Place Order. SIGNED THIS THE 23rd DAY OF MARCH, 2020

MARY BROWN, Presiding Judge of the 301st District Court Signed on behalf of

Ashley Wysocki, Presiding Judge of the 254th District Court Kim Cooks, Presiding Judge of the 255th District Court David Lopez, Presiding Judge of the 256th District Court Sandra Jackson, Presiding Judge of the 302nd District Court Dennise Garcia, Presiding Judge of the 303rd District Court Andrea Plumlee, Presiding Judge of the 330th District Court

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