Harris County, Texas Family Law Court – 246TH Judicial District Local Rules

The Harris County, Texas Family Law Court – 246th Judicial District follows a set of local rules that govern family law cases within its jurisdiction. These rules offer essential guidelines and procedures to ensure a fair and efficient resolution for parties, attorneys, and the court. Additionally, these rules help maintain consistency and transparency throughout the process. In this article, we will explore the key aspects of these local rules and their importance in family law matters, providing you with a clearer understanding of how they impact divorce, child custody, and other family law cases.

Unraveling the Mysteries of Court 246: Your Ultimate Guide to Family Law in Harris

As a Houston, Texas divorce and family law attorney I have had the opportunity to help clients through divorce and family law cases. In order to do this, it is important to not only be aware of Texas Family Law but also familiar with the local rules of the court each family law court in Harris County, Texas.

Local Rules

Texas has statewide rules of court that parties and attorneys must adhere to. In addition to these rules, Judges of each court can adopt procedural regulations that parties and their lawyers must follow on matters within the jurisdiction of those Courts. Violating or ignoring these rules places the client and their counsel in jeopardy.

One good place to look at to start getting familiar with Local Rules is the District Clerks website.

In order to assist my client’s and the residents of Harris County I decided a to work on a blog that would discuss the local rules of the different family law courts in Harris County. I am starting with the 246^TH but I will over time discuss the local rules of the other family law courts in Harris County, Texas.

246^TH Judicial District Court – Phone 713-274-4500

• The presiding Judge in this court is Angela L. Graves-Harrington
• the Associate Judge is . Some of the following rules can be found on the
• Address: 201 Caroline, 16^TH Floor, Houston, TX 77002

Some of the following rules can be found on the 247TH Judicial District Courts website located at https://www.justex.net/Courts/Family/FAMILYCourt.aspx?crt=52.

If you check out the website for the 246^TH Judicial District Court you will find the following information:

General Docket Information

*The Court will also hear uncontested matters at other times subject to the Court’s availability.

***To set a DEFAULT hearing please contact the clerk to provide with the next available default docket.***

Late Calls

A party or attorney running late to the court must notify the clerk at least 30 minutes before the docket call. Provide the clerk the attorney’s name, cause number, where they are, time estimate before arrival, and contact telephone number if more than 30 minutes late. Frequent late calls are subject to verification. Frequent late calls due to traffic are unacceptable. Leave earlier.

Scheduling Orders

The court issues Scheduling Orders 90 days after the case is filed, with a 90-day notice of the trial setting. A Pretrial Conference is held 10 days before the trial.

Follow Scheduling Orders, including, but not limited to, the following:

1. Exchange of exhibit lists, exhibits, witness lists;
2. Reasonable cooperation in response to discovery requests;
3. Adherence to deadlines;
4. Make courtesy calls to court regarding late appearance;
5. Speak one at a time particularly when a record is being taken;
6. Be courteous to court personnel;
7. Check files before trial and temporary orders hearings for relevant pleadings and have them in front of the file; and
8. Certificate of Conference for CPS, for special status, and modification of temporary orders.

Motions for Continuance

1. Motions for Continuance necessitate a hearing and must specify the reasons for requesting the continuance.
2. Agreed Continuances, though not automatic, must meet the same requirements.
3. Upon granting a continuance, attaching a scheduling order with new pretrial and trial dates is mandatory.
4. Attorney Vacation letters filed timely with the Harris County District Clerk receive honor without requiring a hearing or motion for continuance.

Pre-Trials

The court will hold a Pre-Trial Conference 10 days before the trial.

Trial or Hearing Reset

1. Ancillary Hearing Resets: The requesting party may reschedule through the clerk. If multiple parties have set a hearing for the same date and time, all parties must agree on the new date.
2. Trial Settings: Motions for Continuance necessitate a hearing and must detail the reasons for the continuance. Agreed Continuances are not automatic and adhere to the same requirements. If granted, one must attach a scheduling order with new pretrial and trial dates.
3. Attorney Vacation Letters: If filed timely with the Harris County District Clerk, these are respected without a hearing or motion for continuance.

Preferential Settings

Only in appropriate circumstances.

Dismissals Without Prejudice (DWOP)

1. Nonappearance by parties and their counsel at a pretrial conference may result in DWOP.
2. Petitioner’s or Movant’s Nonappearance at trial will result in DWOP.

Mediation

1. Mediation prior to a temporary orders – hearing is required under Harris County Local Rule 7.1 in an appropriate case involving disputed custody or visitation issues.
2. Mediation prior to final trial – is required per Harris County Local Rule 7.2.

“Prove Up” Hearings

Divorce – The party must be present with counsel, if represented.

1. Must present final Decree. Heading should reflect if the Decree is an agreement or default.
2. If child support is ordered must present Employer’s Withholding Order and Medical Support Order.
3. If the Waiver of Service states that the party reserves the right to sign all orders or requires notice of the hearing, then follow the terms of the Waiver!
4. BVS and FOCAS forms must be completed and turned in before the hearing.

SAPCR – Party must be present with counsel, if represented.

1. You must present the final Order adjudicating parentage, and the heading must indicate whether it’s an agreement or default.
2. If child support is ordered, you must also provide the Employer’s Withholding Order and Medical Support Order.
3. If the Waiver of Service states that the party reserves the right to sign all orders or requires notice of the hearing, then you must adhere to the terms of the Waiver.
4. You must sign the acknowledgment of paternity if you are the mother, alleged father, or presumed father (if applicable). Alternatively, you must present DNA test results.
5. You must complete and turn in the BVS and FOCAS forms before the hearing.

SAPCR Modification of Child Support

1. In cases involving the modification of child support, you may submit it for consideration if all parties and attorneys sign the final order.
2. You must include the new Employer’s Withholding Order.
3. You must complete and turn in the BVS and FOCAS forms before the hearing.

SAPCR – Modification of Powers, Duties, Possession, or Access

1. Party must be present, with counsel if represented.
2. Heading should reflect if the Order is an agreement or default.
3. If child support is ordered, must present Employer’s Withholding Order and Medical Support Order.
4. If the Waiver of Service states that the party reserves the right to sign all orders or requires notice of the hearing then follow the terms of the Waiver!
5. BVS and FOCAS forms must be completed and turned in before the hearing.

Settlement Agreements

1. Party must be present, with counsel if represented.
2. Entry generally two weeks after prove up.

Forms Needed for Non-Contested Cases

Waiver Divorce, No children –

1. Waiver of Citation (Must be electronically filed)
2. Decree
3. BVS 165

Waiver Divorce with Children –

1. Waiver of Citation (Must be electronically filed)
2. Petition for Divorce
3. Divorce Decree
4. Employers Order to Withhold Wages
5. Medical Child Support Order
6. BVS 165
7. H.C. Child Support Information Sheet aka FOCAS Setup Sheet

Default Divorces, Paternity, Custody, Modifications –

1. Check file for proof of service return (citation) – (Must be electronically filed & be on file for 10 days)
2. Decree/Judgment
3. Employers Order to Withhold Wages (if children)
4. Medical Child Support Order (if children)
5. Non-Military Affidavit (Must be electronically filed)
6. Certificate of Last Known Address (Must be electronically filed)
7. BVS 165
8. H.C. Child Support Information Sheet aka FOCAS Setup Sheet (if children)

Name Change –For Adults:

1. Criminal Record (CHFF) ran through the Crime Records Division (DPS) in Austin or FBI (Must be electronically filed)
2. Certified/Original Birth Certificate of Petitioner
3. Copy of Driver’s License
4. Copy of Social Security Card
5. Order Granting Change of Name

Name Change for Children:

1. Both parents must be present unless Waiver of Appearance/Citation is filed by non-appearing parent
2. Certified/Original Birth Certificate of Child
3. Copy of Petitioner’s Driver’s License
4. Copy of Social Security Card for Petitioner(s) and Child
5. Order Granting Change of Name

Adoption/Termination –

1. Final Order Granting Adoption and Termination
2. Confidential Copy Request Order
3. BVS 160 (Certificate of Adoption for each child)
4. BVS 165 (for Cases with Termination only)
5. **If child support was established by a IV-D case, a certified copy of the Decree is necessary and must be referenced and attached to the Decree being filed.

Entry of Orders

1. Entry of orders is generally two weeks after rendition of the order.
2. Orders may be submitted prior to entry date if signed by all parties and attorneys.
3. Must also file BVS and FOCAS forms.

Parenting Coordinators

1. Parenting Coordinators may be appointed after notice and a hearing to present facts and circumstances supporting the need.

Amicus Appointments

The Court will appoint an Amicus Attorney in appropriate circumstances. Additionally, any attorney interested in being appointed as an Amicus or Ad Litem should submit a resume and two business cards to the Court. This process ensures that the Court has all the necessary information to make an informed decision.

Child Interviews

1. The court may conduct child interviews after providing notice and holding a hearing.
2. Schedule conferences after school hours.
3. Do not bring children to the courthouse without obtaining prior approval from the court.

Parenting Courses

1. Parenting classes are required by local rule 12.1.
2. Online classes are allowed.

Cases involving Military Personnel

1. You can prove up Agreed Divorces and Original and Agreed SAPCR through the Respondent. You can also do it trough deposition with written questions if the Petitioner is stationed overseas, as long as both parties have signed the final order.
2. The same applies to civilians working overseas.

Supervised Visitation

1. When supervised visitation may be in the best interest of the children, it is preferable that the parties suggest an acceptable supervisor.
2. If no suitable individuals can be located, the court will order visitations through SAFE or Guardians of Hope.
3. If a party requests drug testing, they must justify the request, be prepared to undergo testing themselves, and cover the costs of all requested tests.

Psychological Evaluation

1. Psychological testing will be ordered only in extreme cases after notice, hearing, and appointment of Amicus.

Courtesy Copies

1. Please provide at trial

Other Matters:

1. No food or drink in the Courtroom unless authorized by the Judge.
2. No children are allowed in the courtroom without prior approval by the Court.

Overview of the Harris County Family Law Courts

In Harris County, Texas, the family law courts play a crucial role in resolving legal matters related to families, such as divorces, child custody disputes, and child support issues. Additionally, these courts have jurisdiction over all cases involving family law within the county. As a result, they ensure fair and efficient handling of legal matters affecting families.

The family law courts in Harris County ensure the fair and equitable resolution of family disputes. They are responsible for interpreting and applying Texas Family Law, as well as the local rules specific to each court. These rules are essential to maintain order and streamline the legal process in family law cases.

Role and Responsibilities of the 246th Judicial District Court

The 246th Judicial District Court is one of the prominent family law courts in Harris County. Presided over by Judge Angela L. Graves-Harrington, this court handles a wide range of family law cases. In addition, the court has the authority to make decisions and judgments on matters like divorces, child custody, visitation rights, child support, and spousal support. As a result, it plays a vital role in resolving important family matters within the county.

The 246th Judicial District Court primarily ensures fair hearings for all parties and prioritizes the best interest of the child. The 246th Judicial District Court primarily ensures fair hearings for all parties while prioritizing the best interests of the children involved. Additionally, the court resolves disputes and guides families through challenging times. It ensures that family law matters are handled with care and attention to detail.

Judicial Procedures and Processes

The 246th Judicial District Court follows specific procedures and processes when handling family law cases, ensuring fair and efficient resolutions. Parties and their attorneys must understand these procedures.

The court operates a well-defined docket system, assigning specific days and times for various hearings and trials. For instance, it dedicates Mondays to trial and default cases, while Tuesdays and Wednesdays address ancillary matters, including temporary orders.

Additionally, the court emphasizes the importance of adherence to scheduling orders. These orders provide specific instructions and deadlines for various case-related activities, such as the exchange of exhibits, witness lists, and adherence to discovery requests. It is essential for parties and their attorneys to cooperate and meet these deadlines to ensure a smooth legal process.

Court Personnel

The 246th Judicial District Court comprises dedicated court personnel who play vital roles in the administration of justice. Specifically, Judge Angela L. Graves-Harrington, as the presiding judge, is responsible for overseeing the court proceedings, making legal determinations, and ensuring the fair application of the law. Additionally, other court staff help ensure the efficient processing of cases in accordance with legal standards.

In addition to the judge, the court also has associate judges and clerks who assist in the day-to-day operations. The presiding judge supervises associate judges, assigning them specific cases and overseeing their handling of hearings and trials. In addition, court clerks play an essential role in maintaining records, managing documentation, and assisting parties and attorneys with necessary paperwork. Additionally, the collaboration between judges and clerks ensures the court operates efficiently, with all legal processes documented and handled promptly.

The court personnel in the 246th Judicial District Court work diligently to uphold the integrity of the legal process and provide assistance to individuals navigating the family law system.

Local Rules and Procedural Regulations

Each family law court in Harris County, including the 246th Judicial District Court, has its own set of local rules and procedural regulations. These rules are in addition to the statewide rules of court that apply throughout Texas. It is important for parties and attorneys to be familiar with and adhere to these rules to ensure compliance and avoid any adverse consequences.

The local rules and procedural regulations provide guidelines on various aspects of family law cases, including filing procedures, documentation requirements, courtroom decorum, and deadlines for specific actions. Consequently, violation or disregard of these rules can have serious consequences, potentially jeopardizing the outcome of the case. Therefore, all parties involved must understand and adhere to these regulations to ensure a smooth and successful legal process.

To gain a comprehensive understanding of the local rules specific to the 246th Judicial District Court, parties and attorneys should visit the court’s official website or consult the District Clerk’s office. These resources offer valuable information on the specific rules and regulations that parties must follow in family law cases within the court’s jurisdiction.

Additional Family Law Courts in Harris County

In addition to the 246th Judicial District Court, Harris County is home to several other family law courts. Each court has its own set of local rules and procedures that parties and attorneys must adhere to when presenting their cases.

Some of the other family law courts in Harris County include the 247th Judicial District Court, the 308th Judicial District Court, and the 311th Judicial District Court, among others. While the specific rules and procedures may vary from court to court, the overall objective remains the same—to provide fair and efficient resolution of family law matters.

For individuals involved in family law cases in Harris County, it is important to consult the local rules and procedures of the specific court handling their case to ensure compliance and a smooth legal process.

Mediation in Family Law Cases

Mediation plays a significant role in the resolution of family law cases in the 246th Judicial District Court. It provides an opportunity for parties to work together with the help of a neutral third-party mediator to reach mutually agreeable solutions.

Mediation can be a beneficial alternative to traditional litigation, as it allows parties to have more control over the outcome and promotes cooperative problem-solving. The mediator helps facilitate communication and negotiation between the parties, with the goal of reaching a resolution that serves the best interests of the children involved.

By requiring mediation, the 246th Judicial District Court encourages parties to explore amicable solutions and reduce the adversarial nature of family law disputes.

Pretrial Conferences and Procedures

Pretrial conferences play a vital role in the legal process of the 246th Judicial District Court, typically occurring around 10 days before the trial date. Their purpose is to prepare all parties for trial and to resolve procedural matters or outstanding issues.

During these conferences, the judge, parties, and their attorneys discuss case aspects like evidence, witnesses, exhibits, and pending motions. The judge often promotes settlement discussions or alternative dispute resolution methods to settle disputes outside of trial.

Active participation in pretrial conferences by parties and their attorneys is crucial. These meetings offer a chance to address concerns, streamline the trial, and confirm that all necessary preparations are in place.

Motions for Continuance

In certain situations, parties may need to request a continuance, which is a postponement of the scheduled hearing or trial date. The 246th Judicial District Court has specific requirements and procedures for filing motions for continuance.

A motion for continuance must specify the specific reasons for requesting the continuance. The court will evaluate factors like the case’s nature, parties’ and witnesses’ availability, and the overall interests of justice to decide whether to grant the continuance.

Understanding that agreed continuances are not automatically approved is crucial. Even when both parties agree to a continuance, they must follow the court’s requirements and furnish a scheduling order with the new pretrial and trial dates.

“Prove Up” Hearings

“Prove Up” hearings in the 246th Judicial District Court are essential for finalizing the divorce and SAPCR (Suit Affecting the Parent-Child Relationship) cases. In divorces, parties must present key documents like the final Decree, Employer’s Withholding Order, and Medical Support Order, adhering to Waiver of Service terms and completing BVS and FOCAS forms.

In SAPCR cases, the court requires similar documentation, with the addition of paternity acknowledgments or DNA test results for parentage issues. Modifications in child support or parental duties also demand specific submissions and adherence to court protocols.

Forms and Documentation for Non-Contested Cases

Non-contested cases, such as waiver divorces, default divorces, paternity cases, custody modifications, and name changes, require specific forms and documentation. Here is a list of the required items for different types of non-contested cases:

Waiver Divorce, No children:

• Waiver of Citation (Must be electronically filed)
• Decree
• BVS 165

Waiver Divorce with Children:

• Waiver of Citation (Must be electronically filed)
• Petition for Divorce
• Divorce Decree
• Employer’s Order to Withhold Wages
• Medical Child Support Order
• BVS 165
• H.C. Child Support Information Sheet (FOCAS Setup Sheet)

Default Divorces, Paternity, Custody, Modifications:

• Verify the file for proof of service return (citation) (Must be electronically filed and on file for 10 days).
• Create the Decree/Judgment.
• Draft the Employer’s Order to Withhold Wages (if children are involved).
• Draft the Medical Child Support Order (if children are involved).
• File the Non-Military Affidavit (Must be electronically filed).
• File the Certificate of Last Known Address (Must be electronically filed).
• Fill out the BVS 165 form.
• Complete the H.C. Child Support Information Sheet (FOCAS Setup Sheet) (if children are involved).

Name Change for Adults:

• Criminal Record (CHFF) obtained through the Crime Records Division (DPS) in Austin or FBI (Must be electronically filed)
• Certified/Original Birth Certificate of Petitioner
• Copy of Driver’s License
• Copy ofSocial Security Card
• Order Granting Change of Name

Preferential Settings

The 246th Judicial District Court may grant preferential settings for specific cases in certain circumstances. Preferential settings allow for expedited handling of cases that require immediate attention or involve unique circumstances.

The court assesses requests for a preferential setting on a case-by-case basis, taking into account factors such as urgency, the dispute’s nature, and the parties’ best interests. The court grants preferential settings only when appropriate and at its discretion.

Dismissals Without Prejudice (DWOP)

In the 246th Judicial District Court, specific circumstances can lead to dismissals without prejudice (DWOP). Parties or their counsel may face a DWOP if they do not appear at a pretrial conference. Similarly, the court may issue a DWOP if the petitioner or movant does not appear at trial.

Dismissals without prejudice mean that the court dismisses the case, allowing the filing party to refile it later without any prejudice or negative impact. However, it’s crucial to understand that repeated nonappearance or failure to comply with court procedures may result in consequences and affect future filings.

Compliance with Scheduling Orders

Compliance with scheduling orders is of utmost importance in the 246th Judicial District Court. Scheduling orders provide specific instructions, timelines, and deadlines for various actions within a case. Parties and their attorneys must adhere to these orders to ensure an organized and efficient legal process.

Parties must meet deadlines outlined in scheduling orders and cooperate in responding to discovery requests. Making courtesy calls to the court for late appearances or unforeseen circumstances is advisable.

Speak one at a time to maintain clarity and accuracy during proceedings where a record is being taken.

Furthermore, parties must demonstrate courtesy to court personnel and uphold professionalism throughout the process. It is essential to conduct file checks before trial and temporary orders hearings to ensure the presence of all relevant pleadings. In cases involving CPS, special status, or modification of temporary orders, parties must furnish a Certificate of Conference.

Late Calls and Attendance

To uphold the integrity and efficiency of court proceedings, the court sets guidelines for late calls and attendance. Parties or attorneys running late must notify the clerk at least 30 minutes before the docket call.

They need to provide the clerk with the attorney’s name, cause number, location, estimated time of arrival, and a contact telephone number if they will be more than 30 minutes late. The court deems frequent late calls, particularly due to traffic, as unacceptable and advises planning ahead and leaving earlier to prevent delays.

Resources for Familiarizing with Local Rules

To gain a comprehensive understanding of the local rules and procedures specific to the 246th Judicial District Court and other family law courts in Harris County, there are various resources available. One such resource is the District Clerk’s website, which provides access to the local rules and other essential information. Additionally, attorneys with experience in family law in Harris County can offer valuable insights and guidance on how to navigate these rules effectively. By utilizing these resources, parties involved in family law cases can ensure they are well-prepared for the legal process.

Additionally, consult legal professionals with expertise in family law, particularly those experienced in Harris County family law cases. Attorneys who specialize in family law can provide guidance, interpretation, and clarification regarding the local rules and procedural regulations.

Staying informed and familiarizing oneself with the local rules and procedures is crucial for parties and attorneys involved in family law cases in the 246th Judicial District Court and throughout Harris County. Additionally, this knowledge ensures compliance, streamlines the legal process, and contributes to a fair and efficient resolution of family law matters. By understanding the rules, individuals can better navigate the complexities of the legal system, leading to a more favorable outcome.

Conclusion

In conclusion, the Harris County, Texas Family Law Court, specifically the 246th Judicial District, follows a set of local rules designed to ensure the efficient and orderly handling of family law cases. These rules cover various aspects, including divorce, child support, and parentage cases, with specific documentation and procedural requirements. Furthermore, the court’s focus on detailed processes, like “Prove Up” hearings, underscores its commitment to fair and thorough adjudication.

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12. The Harris County District Family Courts at a Glance: February 2023
13. Harris County, Texas Family Law Court – 247TH Judicial District Local Rules

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Bryan Joseph Fagan( Attorney )

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.