If you find yourself considering the initiation of a child custody or divorce case in Texas, it’s natural to have inquiries about the court proceedings, particularly concerning what happens at family court. For many, this may be their first encounter with legal proceedings or stepping foot inside a courthouse. If you count yourself among those who have not previously been involved in a lawsuit or faced such legal processes, consider yourself fortunate.
Nobody eagerly anticipates the need to appear in court and discuss legal matters concerning themselves or their family. However, some cases require court intervention. This is because courts act as the ultimate decision-makers for issues that cannot be resolved outside a legal setting. Moreover, the vast majority of family law cases in Texas never reach the inside of a courtroom. Settlements are the preferred outcome, often achieved through mediation and informal negotiations, rendering a trial unnecessary.
Understanding the Court Process
There is a possibility, however, that your family case may eventually require a court appearance before a family court judge if negotiations fail to resolve the issues at hand. Familiarizing yourself with court terms and processes for family law cases is essential in such situations.
Family Courts – What Are They, and What Do They Do?
Family law courts handle divorce and child custody cases. Elected judges make decisions for families when they cannot resolve their issues independently. If you choose to initiate a family lawsuit, the court assigned to your case will be in the county of your residence.
In larger counties like Harris, Montgomery, or Fort Bend, a random assignment is made to one of the available family law courts due to multiple options. If you have a pre-existing order, your new case will be assigned to the same court that issued that order.
More on Presiding Judges and Associate Judges
If you reside in Harris County or one of the other larger counties around Harris, your court will have a presiding judge who serves in it. These judges are elected to their roles. The presiding judge also selects an associate judge to assist in their duties.
Associate judges, although not elected, possess the same authority as presiding judges, including making rulings on cases and managing them as elected judges would. If you attend court on any particular day, you will witness the presiding family court judge calling the docket for the court and assigning specific cases to the associate judge as they see fit.
Courtroom Personnel Besides Judges
Outside of the judges that will hear your case, there are court coordinators, court clerks, bailiffs, and court reporters, each with their responsibilities and roles to play in court. Bailiffs are law enforcement officers who ensure the safety of the courtroom for courthouse employees and litigants such as yourself.
Court coordinators and clerks handle administrative matters for the judges and generally help litigants and attorneys schedule hearings and things of that matter. A court reporter sits close to the litigants, attorneys, and judge while a hearing or trial occurs.
A judge will put all parties and their attorneys “on the record” at the beginning of a proceeding which signals the court-reporter to begin transcribing every word said during that particular hearing.
This practice ensures the maintenance of an accurate representation of the events that transpired during a hearing and aids appellate courts in making decisions on a specific matter if a party chooses to appeal the case.
What Can You Expect When You Go to Court?
Texas being what it is, you will find that your courthouse and courtroom can vary depending on where you live. If you reside in Liberty or Chambers Counties, then you will find your courthouse to be relatively small and straightforward. It will have everything a family court judge and court personnel need to hear your case.
There will likely be only one judge for your court, and the docket (list of cases scheduled for hearings that day) may be relatively short.
On the other hand, if you reside in a larger county like Harris, your courthouse experience will be different. The civil courthouse in Harris County is seventeen stories tall and, as we mentioned, has multiple family law courts to which your case can be assigned.
While the law is the same in any courthouse in Texas, the courtrooms in Harris County are a little more modern-looking. They may have technology available for hearings and trials not public in smaller counties.
Physically speaking, your court will have a judge’s bench at the front of the room with the clerk and court-reporter flanking the judge on either side. A jury booth will likely be to the side of the room. Rows of seats (like pews at church) are in the back of the courtroom. It is where litigants are waiting to go before the judge can sit.
A partition will divide the room, allowing only attorneys to cross. When your case is called, your attorney will accompany you from the gallery to the area where the judge and other court personnel are working.
Conclusion
As you embark on the journey of filing a child custody or divorce case in Texas, it’s crucial to familiarize yourself with what happens at family court. While the prospect of legal proceedings may seem daunting, understanding the court process empowers you to navigate it with confidence. Whether it’s your first time engaging with the legal system or you’re seeking clarification on family court proceedings, embracing knowledge about what to expect can alleviate anxieties and ensure a smoother experience. Remember, the courtroom is a space where your concerns and rights are addressed, and being informed about the process equips you to advocate effectively for your interests and those of your family.
In Tomorrow’s Blog Post – Part Two of Our Series on Family Law Courts
Please check back with us tomorrow to discuss mediation and some of the basics of a divorce case. If you would like to reach out to an attorney with the Law Office of Bryan Fagan, PLLC, please do not hesitate to contact us. We are available to address any inquiries you may have concerning family courts or other family law matters in Texas. Consultations are free and can greatly assist you when initiating your family lawsuit.
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Other Articles you may be interested in regarding Houston Court Local Rules:
- How your case will be managed in a Texas family law court
- Texas Family Law Courts: Adoption and Modification Cases
- The Family Law Court and Legal Aid
- Harris County, Texas Family Law Court – 257TH Judicial District Local Rules
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
- Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
- Is Social Security Considered Separate Property in a Texas Divorce
- Can you negotiate child support during mediation?
- Can grandparents keep child from father?
Frequently Asked Questions: Child Custody in Texas
Judges consider various factors, including the child’s best interests. They assess each parent’s ability to provide a stable environment, emotional and physical well-being, and the child’s wishes if they are mature enough to express them.
The time it takes varies, but it typically takes several months from filing. Complex cases may take longer. It’s essential to be patient and work closely with your attorney.
During a custody hearing, both parents present their cases, providing evidence and witnesses. The judge will ask questions and make decisions based on the child’s best interests.
The duration varies, but hearings typically last a few hours to a full day. Complex cases may extend over multiple days.
Factors like a history of abuse, neglect, substance abuse, or mental health issues can make a parent unfit. However, it depends on the specific circumstances of each case.
Joint managing conservatorship (shared custody) is common, allowing both parents to share decision-making responsibilities. The physical custody arrangement (where the child lives) can vary.
Yes, winning full custody (sole managing conservatorship) in Texas can be challenging. Courts prefer joint custody unless it’s in the child’s best interests to grant sole custody.
Winning a child custody case in Texas requires demonstrating that you can provide a stable, loving environment for your child. Work closely with an attorney, follow court orders, and prioritize the child’s well-being.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
