Last updated: 3/26/2020

Family Law Under COVID-19: Family Violence, Child Support, Visitation, and Other Questions

I am living in an area subject to a shelter in place (stay at home) order or a curfew. How does this effect visitation?

It does not change the visitation order. The Supreme Court issued an emergency order saying that if you have a visitation order in place you must continue to follow the order even if there is a shelter in place or local curfew. We recommend that you carry your order with you when you go for the visitation exchange in case law enforcement asks why you are out. You also can agree with the other parent to change the visitation schedule in order to avoid going out as much. If you work out an agreement, we recommend that you put it in writing, and both sign off on it in case of a disagreement.

I have a hearing set in my family case. Do I still need to go to court? 

Many courts are cancelling or resetting cases as result of the virus. We recommend that you call the Court before any hearings and ask whether the case will be heard as scheduled or reset. 

I have a child support negotiation conference or a hearing set in child support court. Do I still need to go? 

The Office of the Attorney General has temporarily closed its physical offices, but services will continue to be provided over the telephone and internet. If you had an in-office negotiation or court hearing scheduled, you can contact their office to schedule a virtual negotiation. For more information, visit the Texas Attorney General Child Support COVID-19 page.

What if I am sick and have a hearing? 

You should not go to court if you are sick. As soon as possible before the hearing, you should call the court administrator for your court and the attorney on the other side to let them know you are sick and unable to attend the hearing. The Court may provide an option of appearing telephonically. 

I am in an abusive relationship and I need to talk to someone. 

For any victims and survivors who need support, we encourage you to reach out to the National Domestic Violence Hotline. You can call 1-800-799-7233 or 1-800-799-7233 for TTY, or if you’re unable to speak safely, you can log onto thehotline.org or text LOVEIS to 22522. Learn more information on staying safe here.

I am being physically or sexually abused or stalked and need help obtaining a protective order. 

Victims of family violence, sexual assault, sexual abuse, stalking (harassment) and trafficking can apply for a protective order in Texas to protect themselves and any household members from the abusive person. To apply for a protective order, you can either contact your local county or district attorney’s office for help or you can call our intake hotline at (833) 329-8752 

Spring Break was extended for my child’s school district. How does this affect visitation?

If your order includes the standard visitation order (1st, 3rd, 5th weekends of the month, 30 days in summer, etc.) you need to continue to follow your order and exchange the children according to the regular, published school calendar for your child’s school district. It is important that you continue to exchange the children as ordered following the regular school calendar during this health crisis.

TexasLawHelp has created a special page where you may find information pertaining to court updates (closures, postponements, updated procedures), city and county-specific resources, Know Your Rights section (continuances, telephone hearings, forced quarantines, evictions, etc.), links to Texas school district information (closures and student meals availability), resources for uninsured Texans, and others. You can also find forms for many family law proceedings on their website. Learn more and visit this resource here.