Whether it be child custody or divorce, chances are you’ll have questions about what family court is like. If you’ve never been to court before, it’s natural to have questions about what to wear or what to expect if you find yourself in this position.
In Texas, a good portion of family law cases get settled before a trial is deemed necessary. This includes cases where there may be temporary orders as part of the case. Regardless of the situation, Texas family lawyers will typically defer to mediation or informal settlement negotiations as to avoid court involvement where possible.
If there is a situation where negotiations are unsuccessful, your case may require going to trial. If that is the case, here’s what to expect if you find yourself in a Texas family court.
What’s the purpose of a family court?
Family courts function as a way to settle divorce and child custody cases. Elected judges act as mediators and make decisions for families when they cannot come to resolutions their own. If you find yourself filing a family lawsuit in Texas, your case may get assigned to a family court in the county you reside in.
Presiding judges and associate judges
Larger counties like Harris county have more than one family court available to hear your case, so it’s likely if you live in larger counties like these that your case may be randomly assigned. Your court will also have an elected, presiding judge who serves in the court.
The presiding judge will have a second judge, called an associate judge, that they’ve personally chosen to fill that role. The purpose of the associate judge is to help in family law cases. Associate judges are not elected, but they do carry the ability to make rulings on cases the same way an elected judge would.
If you attend a family law court, it’s likely you’ll see a presiding judge call the docket and assign specific cases to the associate judge.
Courtroom personnel
On any given day, you’re likely to see other courtroom personnel in the courts. There are court clerks, bailiffs, court reporters, and court coordinators that all have a role and responsibility they bring to the court.
Bailiffs ensure the safety of the courtroom for both employees and litigants. Think of them as courtroom police.
Both courtroom coordinators and clerks handle administrative matters for the judges. They also schedule hearings and other legal meetings for litigants and lawyers.
A court reporter does just that: reports on the court proceedings. They will typically sit close to the litigants, attorneys, and judge as the hearing ensues and will transcribe ever word spoken at the hearing.
A judge will put litigants, attorneys, and all parties involved in the courtroom “on the record” at the beginning of the proceeding which tells the court reporter to begin transcribing. This is done to ensure the events at the hearing are represented accurately and helps assist appellate courts in deciding on matters if a party were to appeal the case.
Here’s what to expect when you go to court
Where you live in Texas determines how the court proceeding will go. Typically, smaller counties will have smaller courtrooms and a more straightforward process. Everything and everyone you will need for your case will be at the court.
If you live in a larger county, it’s likely you’ll be residing in a larger courtroom with more modern technology involved. Your court is likely to have a judge’s bench at the front of the room with a clerk and court reporter sitting on either side of the judge.
There will also be a jury booth for witnesses to sit in for trials involving a jury. At the back of the courtroom, rows of seats exist called the gallery. This is where members of the public, or family or friends of the litigants, sit and watch the proceedings. There will be a bar or partition almost like a fence that separates the rest of the courtroom.
Let the proceedings begin
From here, things may resemble movies or TV shoes you’ve seen. The case begins, the judge listens to the case and hears from all parties involved, and comes to a decision – court adjourned. This is an oversimplification, but is the general order of the process.
Hire the help of a family law attorney
It’s never easy finding yourself in court, especially when it involves your family. If you find yourself at court whether it be for a divorce or custody matters, you’ll likely need the help of an experienced family law attorney to guide you through this important process. If you’re in Texas and needing counsel, contact us today.
