PARENTS' GUIDE
TO THE
DALLAS COUNTY
FAMILY COURT SYSTEM
COPYRIGHT @ 1991, 1997
Dallas County Family Court Services
in conjunction with the
Dallas Bar Association, Family Law Section
All Rights Reserved
ACKNOWLEDGMENTS
The Family Law Section of the Dallas Bar Association wishes to
express its sincere appreciation to the following individuals for
their generous donation of time, effort, research, and
participation, in completion of the publication of this Guide:
a. Original publication: Linda Hahn and Flo Whinery (Dallas
County Family Court Services); Section members, Michael R.
DeBruin, Larry Hance, Paula Larsen, and Lynn Skipworth Hunt;
Marilyn Tatum (production); Patrick Stewart and Ericka Cooper,
Legal Arts, Inc. (design); and Jeffrey Gage and PrintComm, Inc.
(publication formatting and printing).
b. Revision: Pat Ross (Dallas County Family Court Services);
Section members, Associate Judge Mary Brown, Leota Alexander,
Dawn Fowler, Larry Hance, and Frank Moore; Lynda Biggerstaff
(production); Amy Atherton (cover design and art work); and
Jeffrey Gage and PrintComm, Inc. (publication formatting and
printing).
A MOST SPECIAL THANK YOU TO THE DALLAS BAR FOUNDATION FOR
ITS GENEROUS DONATION TOWARD THE FUNDING OF THIS PROJECT.
TABLE OF CONTENTS
PAGE
INTRODUCTION........................................
CHOOSING AN ATTORNEY................................
DISTRICT CLERK......................................
TEMPORARY HEARING/ASSOCIATE JUDGE...................
FAMILY COURT SERVICES...............................
Mediation......................................
Social Study...................................
Post-Divorce Visitation Counseling.............
MENTAL HEALTH PROFESSIONALS.........................
PARENTING \ DIVORCE EDUCATION PROGRAMS..............
FINAL HEARING/FAMILY DISTRICT JUDGE.................
PARENTAGE \ PATERNITY...............................
GUARDIAN AD LITEM...................................
CONSERVATORSHIP (Custody)...........................
CHILD SUPPORT.......................................
Guidelines.....................................
Dallas County Child Support Office.............
Guardian Ad Litem..............................
Garnishment....................................
ALIMONY.............................................
DECREE OF DIVORCE...................................
MODIFICATION........................................
ADOPTION............................................
PROTECTIVE ORDERS...................................
NAME CHANGE OF CHILD................................
COURT PERSONNEL.....................................
TYPES OF CASES HEARD BY FAMILY DISTRICT COURTS......
LEGAL TERMINOLOGY (Definitions).....................
RULES OF DECORUM....................................
FAMILY LAW COURT NUMBERS AND INFORMATION.......................
INTRODUCTION
One of the most painful experiences in life is living through
a divorce or post-divorce dispute concerning children. If there
are no children, a divorcing couple can leave the courthouse in
opposite directions and the paths of their lives need never cross
again. But this is not true when there are children of that
marriage.
An ex-wife and ex-husband are forever joined by the children of
their marriage. They will meet at parent-teacher conferences,
ball games, dance recitals, school concerts, graduations,
weddings, the birth of grandchildren, and all the other special
occasions at which parents want to be present. These moments can
create wonderful or sorrowful memories for your children,
depending upon how you and your former spouse handle the
situation.
Of course, this is looking far beyond the point where you are
presently. We know that getting a divorce is emotionally brutal
to you and your children. We also recognize that a lack of
knowledge can only increase your anxiety and fear. Attorneys,
judges, lawsuits, and the courthouse are foreign to most of you.
For that reason, this handbook has been developed. We hope that
by familiarizing yourself with the legal process, terminology,
and the services available to help you, you will more actively
participate in the decision making process affecting you and your
children and, hopefully, lessen your suffering.
THE FAMILY COURT JUDGES AND
ASSOCIATE JUDGES OF DALLAS COUNTY, TEXAS
CHOOSING AN ATTORNEY
You may have already chosen and hired your attorney. This is
an important decision and your attorney will be your major source
of information regarding the steps needed to complete your legal
process. If, however, you have not as yet hired an attorney,
finding the right attorney is very important.
One way to locate an attorney is through the Dallas Bar
Association Lawyer Referral Service at (214)979-9090. The Lawyer
Referral Service currently charges a $20 fee for a thirty minute
consultation with an attorney. A second way to locate an attorney
is to have someone you respect recommend an attorney.
Additionally, there is a listing of attorneys in your local phone
directory. When hiring your attorney, you might want to consider
the following things:
(1) qualifications
(2) compatibility of yourself and the attorney; and
(3) cost.
If you are unable to afford an attorney and if your financial
circumstances meet the criteria for the agency, you may receive
free legal services from Legal Services of North Texas, telephone
(214) 748-1234. To determine whether or not you meet the
financial criteria for free legal services, you will need to
contact this organization directly. Spanish-speaking staff is
available.
DISTRICT CLERK
Your attorney begins the legal process by filing the proper
paperwork with the office of the District Clerk.
The District Clerk's office is where all papers are filed
other than those which may be filed directly with the Clerk of
the Court to which a case is assigned. The District Clerk
collects filing fees and will issue certified or regular copies
of any court pleadings or orders on a cost-per-page basis.
The employees of the District Clerk may not answer questions
which require any legal knowledge or expertise. However, the
District Clerk employees will be glad to answer any questions in
regard to any of the matters listed above which are related to
the duties of the District Clerk. A fee schedule covering
information on filing fees and other fees for services of the
District Clerk's office is available upon request.
TEMPORARY HEARING/ASSOCIATE JUDGE
You are now on the path through the legal process. Your next
step may be to prepare for your first court hearing, the
temporary hearing. The person most likely to be presiding over
this hearing is the Associate Judge.
The Associate Judge hears evidence and makes recommendations
for orders to the District Judge. Those recommendations are
enforceable as orders of the Court.
Decisions made by the Associate Judge could include such
matters as
a. living arrangements for your children;
b. schedule of parental contact with the children;
c. child support;
d. spousal support;
e. use and possession of property and other assets; and
f. possible restrictions on your contact with the other
parent.
Additionally, the Associate Judge may recommend services to
you and your children that could better enable you and the Court
to either resolve the conflicts you are having, or, failing
resolution, provide the Judge with valuable information that will
assist him or her in making the decision you are asking the Court
to make.
FAMILY COURT SERVICES
One of the support services available to you and the Court is
the office of Family Court Services. The Courts and Family Court
Services know that restructuring your family through divorce is a
difficult process. When parents divorce, among the most important
decisions to be made are where the children will live and how
both parents can continue to be active and influential in their
lives. If, during the process of your separation and divorce, you
and your children's other parent develop a plan for your
children's care, this is a very positive step. Children will
better adjust to your divorce if the plan for their care protects
them from conflict and includes consistent contact with both
parents.
Some parents, when divorcing, find themselves in a dispute
over the custody of their children. Knowing custody disputes are
difficult for both you and your children, the Courts may order
you to participate in one of the services offered by Family Court
Services. Those services include: mediation, social study, and
visitation counseling.
Mediation
With the policy of the State of Texas being to encourage
conflict resolution, especially in family matters, the first
option ordered by the Court could be mediation.
Mediation is a dispute resolution (problem solving) process
allowing parents and/or other parties to discuss issues in a
neutral setting in an attempt to develop their own plan or
solution for their children's living or access arrangements. The
mediation process begins with an orientation held every Tuesday
morning. Included in the orientation is an explanation of
mediation and a social study, and general information about
divorce and how to parent your children through divorce. When
available, one of the Family Court District Judges or an
Associate Judge will also speak at orientation.
In addition to these remarks, a nationally recognized award
winning video about the impact of a contested court process on
families is shown. This video was developed by the Dallas Young
Lawyers Association, an organization that wanted parents to have
the benefits of learning about what others have experienced when
involved in custody disputes in Dallas County, Texas. The more
you know, the better prepared you will be for the events in the
contested legal process.
Immediately following orientation, persons ordered to mediate
with Family Court Services will have their first session which
lasts approximately two hours. Subsequent sessions will be
scheduled at the times agreed upon by all persons involved. If
you reach an agreement through mediation, you could avoid a
contested court hearing. There is no fee for mediation at Family
Court Services.
The Associate Judge might recommend mediation be provided by
Dispute Mediation Services or by a private mediator. There may be
a nominal fee if Dispute Mediation Services provides court
ordered mediation, and there would most likely be a fee for a
private mediator.
Some commonly asked questions regarding mediation:
Q. Does my attorney need to be there
for mediation?
A. No, it is not necessary, but if one attorney is present, it
is best if all attorneys are present to sit in on the mediation
sessions.
Q. Do we have to sit together in the same room?
A. No, but one of the purposes of mediation is to improve
communication and that is easier to do if you both are talking to
one another.
Q. If we agree in mediation, is it final?
A. Usually, Family Court Services will prepare a memorandum of
the proposal for the agreement you reach in mediation for you and
your attorney to review. The final Decree of Divorce prepared by
your attorney incorporates this proposal and after the Decree is
signed by the Judge, the agreement is final. However, if all
parties and the attorneys who are present sign an agreement that
states it is not revocable, the agreement is binding.
Q. Do the children participate in mediation?
A. Not as a general rule.
Q. How long does mediation take?
A. The length of time varies from case to case. The type of
dispute, the number of issues to be resolved and the readiness of
both parties to resolve their differences all play a part in
determining the length of time. Mediation could take one session
or a series of sessions over a four to six week period.
Social Study
The second service provided by Family Court Services is a
social study. The social study is an information gathering and
assessment process which includes interviews with adults and
children and written or personal contact with community
resources. A report is filed with the Court about 60-90 days
after orientation. The fee for the social study is presently
$200.00.
Some commonly asked questions about a social study are:
Q. How many times do we have to come for appointments?
A. The number of interviews is determined on a case-by-case
basis, but generally ranges from two to five appointments.
Q. Will what I tell you about myself go against me?
A. The information gathered is provided to the Court in a
written report. The Court or jury will determine what impact the
information will have on the outcome of the dispute.
Q. Why does the step-parent/live-in have to participate
in the social study?
A. Step-parents/live-ins are asked to participate in the
social study because they may have a direct impact on the
children. It is important for the Court to have information
regarding people who could be or are living with and caring for
the children.
Q. How can I compete with the other party when he/she
has so much money?
A. Recommendations are based upon each party's ability to
provide a stable, nurturing and supportive environment - not who
has the most money.
Q. Why aren't you going to ask the children where they
want to live?
A. Requesting children to choose between the two most
significant people in their lives places the children in the
position of rejecting one parent over the other. Children can
feel enormous guilt from making such a decision. Their
attachments to each parent and feelings about their parents is of
great importance, but the decision of their living arrangements
is an adult decision, not one for the children.
Q. Will you be coming to my home unannounced?
A. No. If a home visit is made, it will be scheduled in
advance. The decision to make a home visit is based on the
special needs of each case.
Q. Do you go snooping to my neighbors?
A. Neighbors and friends can be contacted for their thoughts
on the parent-child relationship. However, any comments they make
are voluntary.
Q. How can you know our family well enough to make a
recommendation?
A. No one can or will know your family as well as you do. Therefore, it is important for you to provide thorough information and make significant community information available about your family. It is important to remember the amount of information is not as significant as the nature of the
information received.
Q. Whom are you going to recommend?
A. The intent of the study is not to choose one parent over
the other, but to recommend a plan as to how parents in separate
households can continue to raise their children, provide for
their needs, and support the children's relationship with each
parent.
Q. How many times does the Court go with your
recommendation?
A. The Court considers all evidence presented at the final
hearing in reaching its conclusions on the custodial arrangements
for the children. The Court uses the social study as one resource
for information about the family.
Q. Is it true that the mother always wins?
A. No. The best interest of the children, rather than the
gender of the parent, is the determining factor.
Q. Can a child of 12 really pick where he/she wants to
live?
A. No. A child of 12 years or older can sign a statement of
preference as to who he/she wants as a managing conservator.
However, the final decision rests with the Judge who must
determine whether the child's choice is in his/her best interest.
Q. Why is he/she fighting for my children when he/she
doesn't even pick them up for visits?
A. A parent's failure to maintain contact with the children
during a custody dispute is often indicative of an inability to
deal with the dispute and/or the estranged spouse as opposed to a
lack of interest in the children. Children need to maintain
consistent contact with both parents in order to understand their
parents are divorcing each other, not their children.
Visitation Counseling
Another service available through Family Court Services is
visitation counseling. This is not a social study. This
counseling service is to assist parents in adjusting positively
to the court-ordered visitation schedule. In other words, the
Court will define for you when the children are to be with each
parent and this counseling is to assist the parents in learning
to better communicate with one another so that these visitation
arrangements go smoothly and peacefully. There is a $200.00 fee
for this service.
A common question asked during the visitation counseling is:
Q. Why do my children have to see someone they don't want
to visit?
A. Often, when children are having difficulty visiting a
parent, it is a reaction to the parental conflict and the
children do not feel free to have a relationship with both
parents. Another possibility for this difficulty is that the
conflict between the parents is so overwhelming, children may
wish to withdraw from a parent rather than deal with the
conflict. Without this contact, a child may lose out on knowing
both parents, may be unable to complete his/her identity process,
and may possibly develop an idealized view of his/her other
parent. The child's self esteem could also be negatively
affected.
MENTAL HEALTH PROFESSIONALS
Other services the Associate Judge or Judge may recommend
include drug testing, psychological evaluations for the adults
and/or the children, or personal counseling. Many of these
services are provided by mental health professionals.
There are numerous mental health professionals who could be
involved in the divorce process including social workers,
psychologists, counselors, marriage and family therapists, and
psychiatrists. All of these have graduate degrees and most are
licensed by the State.
There are mental health professionals who are accustomed to
working in the legal system and there are those who prefer to
avoid it. There are circumstances where you will want to seek the
services of a mental health professional on a strictly personal
basis and not as part of your case. You may seek the services of
a mental health professional directly or through your attorney,
or a mental health professional may be appointed by the Court to
evaluate all of the parties and the children in the suit.
In seeking the help of a mental health professional, you
should rely strongly on reliable recommendations of others.
Mental health professionals are listed in the phone directory
under a multitude of listings according to their area of
expertise and level of qualifications.
PARENTING\DIVORCE EDUCATION PROGRAMS
Several courts require the parties and\or children to attend a
program to help them understand the impact of divorce on the
family and the children.
FINAL HEARING/FAMILY DISTRICT JUDGE
You may now be at a crossroads in your legal process. You
could have mediated your dispute or the attorneys could have
worked something out and are preparing the court orders that need
to be submitted to the Judge for final approval and the
completion of the legal process. If that has happened, your final
step will be for you or your spouse, or both of you, to go to
court for an uncontested hearing (prove-up). Once the Judge signs
the prepared Decree of Divorce, you will be legally divorced. The
orders will specify the final arrangements for your children,
including access for the parents, support, property settlement
and any other special needs or interests for your individual
case. You will be given a copy of the court order (Decree) so you
will have it for reference.
If your dispute has not been worked out and you have completed
the recommendations of the Associate Judge, you may be preparing
for a contested court hearing. A Family District Judge will
preside over your final hearing, whether it is a jury or non-jury
trial. Each District Judge is an elected official with the
authority to hear and determine the merits of cases coming before
the Court.
Because of the necessity for extensive preparation, busy court
dockets (schedules), the amount of time needed to try the case,
and the need for both sides to be ready and present at the same
time, a contested court hearing must be scheduled further in the
future than an uncontested hearing. Therefore, if you are not
able to reach an agreement, be prepared for delays of as much as
six months to two years before your case is heard. The Courts are
very aware of the impact such delays can have on families and do
all they can to assist in expediting your case.
PARENTAGE/PATERNITY
A parentage suit is a lawsuit to determine a biological parent
and to establish the child's legal relationship with that
biological parent. The Court will also address custody,
visitation and/or child support and in certain cases order
reimbursement for pre-natal and post-natal expenses, and support
from the child's birth. This type of lawsuit may be brought by
the mother, the man claiming to be the father, the child, or a
governmental agency.
After a parentage suit is filed, if the parties cannot agree
on the parentage, the Court will order DNA testing.
GUARDIAN AD LITEM
Generally a Court must appoint an Attorney or Guardian
Ad Litem for the child when a suit is filed by a governmental
agency requesting:
1. termination of the parent-child relationship, or;
2. to be named managing conservator of the child.
The court must appoint an Attorney Ad Litem for each
indigent parent in a suit which seeks termination of that
parent's parental rights.
CONSERVATORSHIP
The determination of conservatorship (custody) of the children
is one of the most important functions of the Dallas Family Court
System. In Texas, that determination can be made either by a
Judge or a jury. A jury trial can be requested by either party.
The Family Courts make three primary decisions affecting parents
and children:
(1) which adult(s) will have custody of the children;
(2) the periods of possessions each party will have with the
children; and
(3) what amount of child support will be paid for the benefit
of the children.
The Court may name one parent sole managing conservator and
the other parent possessory conservator, or may name both parents
joint managing conservators. (In most cases, the Court will name
the parents as conservators of the children, but in certain
circumstances may award conservatorship to a party who is not a
parent.)
Appointment as sole managing conservator typically means you
will provide the primary residence for the children and have the
greater share of rights and duties with respect to the children.
Appointment as possessory conservator typically means you will
have certain rights and duties with regard to the children as
well as the right to have physical possession of the children at
times designated in a court order. Generally, the possessory
conservator will have possession of the children based on
guidelines set forth by the State of Texas in a Standard
Possession Order (see "Legal Terminology" section for a
brief summary).
When parties are appointed as joint managing conservators, one
parent will usually be granted primary possession of the
children. If you are appointed joint managing conservator, you
will share in the rights, duties, and responsibilities of a
parent. However, joint managing conservatorship does not require
that the children spend equal time with both conservators.
Usually the children will have a primary residence with one
parent and will be with the other parent at least as much time as
is set out in a Standard Possession Order.
There is a rebuttable presumption that the appointment of the
parents of a child as a joint managing conservator is in the best
interest of the child.
CHILD SUPPORT
Beginning with the first hearing, a parent may be ordered to
pay child support. In the absence of a disability or earlier
emancipation, child support will continue until a child is 18
years old or graduates from high school.
In addition to maintaining your relationship with your
children and supporting the other parent's relationship, paying
child support is one of the most important and beneficial things
a parent does for his or her children.
The Judge sets the amount of child support to be paid by one
parent to the other parent. In determining the amount of support
to be paid, the Court generally applies guidelines established by
the State of Texas. The Court may also consider the financial
resources available to each parent, the needs of the children and
the amount of time the children are with each parent.
In Texas, a parent is not permitted to withhold possession of
children because the other parent has not paid child support, nor
is a parent allowed to withhold child support because he or she
has been prohibited from seeing his or her children.
Guidelines
The State of Texas has established guidelines
for persons paying child support. Under normal circumstances, the
following percentages will be applied to the first $6,000 of
his/her monthly net resources with the resulting amount ordered
to be paid as child support:
1 child - 20%
2 children - 25%
3 children - 30%
4 children - 35%
5+ children - not less than the amount for 4 children
If the person paying child support has a child/children from
another relationship, the percentage may be decreased.
The person paying child support is also responsible for paying
health insurance premiums for the children. Uninsured or
unreimbursed health care expenses are usually allocated between
the parents.
Dallas County Child Support Office
In most cases, a parent will be ordered to make his/her child
support payments through the Dallas County Child support Office.
Although payments by check, money order or cashier's check may be
made through the mail, cash payments are accepted only when made
in person. Upon receipt of each payment, the Child Support Office
records the date and amount and then forwards the child support
to the proper person.
Guardian Ad Litem
Some courts utilize the services of a Guardian Ad Litem to
assist in the collection and distribution of child support
payments. Under this system, the person ordered to make child
support payments sends his or her payments to an individual known
as the Guardian Ad Litem whose office records the date and the
amount of the payment and forwards it to the proper person. In
addition, if a child support payment is missed, the Guardian Ad
Litem automatically institutes collection proceedings against the
person who failed to make the payment.
Garnishment
The Court will order that child support payments be garnished
(withheld) from the wages of the person ordered to pay. This
means that child support will be automatically deducted from the
person's paycheck and sent by the employer to the agency listed
in the court's order, who will then record the payment and
forward it to the proper person. The employer may also deduct an
additional $5.00 per month from the payor's earnings as an
administrative fee.
ALIMONY
Alimony is periodic payments from one spouse for the support
of the other spouse after divorce. Texas has court-ordered
alimony referred to as "maintenance". Alternatively,
the parties may agree to alimony which is called
"contractual alimony."
The court may only order "maintenance" under very
limited circumstances:
1. A spouse is convicted of or received "deferred
adjudication" for a crime that also constitutes family
violence, within two years of the filing of the suit, or while
the suit for divorce is pending; or
2. The spouses have been married for at least ten years, and
the spouse seeking maintenance:
a. is unable to be self supporting due to an incapacitating
physical or mental disability; or
b. has custody of a child who requires substantial and
continuous care, making it impractical and inappropriate for that
spouse to work outside the home; or
c. clearly lacks the ability to earn a living which would meet
that spouse's minimum reasonable needs
In the absence of a disability, maintenance is limited to a
maximum of 3 years. A court may not enter a maintenance order
that requires a monthly payment more than the lesser of
$2,500.00, or 20% of the payor's average monthly gross income.
The amount set is discretionary with the court, and is based on
the amount needed to provide for the minimum reasonable needs of
the recipient.
DECREE OF DIVORCE
Once the final Decree of Divorce is signed, you will receive a
copy from your attorney. The Decree will serve as your guide for
possession and access of the children, each parent's rights and
duties, child support, and property distribution. Although the
majority of people abide by the Decree, occasionally the Court's
orders are not followed. It is important to remember that only
the Court can enforce or modify its orders.
MODIFICATION
Modification is the process through which terms regarding
children in a divorce decree are changed.
Custody, visitation, and child support may be modified under
certain circumstances. Generally a request to modify custody,
visitation or support must be filed in the Court which last
entered an order regarding the children and may be brought by any
person who is affected by the order.
The grounds for a change of custody are complex and should be
discussed with an attorney. The court will consider such factors
as changes in circumstances, an emergency concerning the
children, if the proposed change would be a positive improvement
for the child, and if a change would be in the best interest of
the child. Except in the case of an emergency, you must wait at
least one year after the last custody order was entered by the
Court to request the Court to change custody.
A child twelve years or older may file an affidavit with the
Court naming the parent with whom the child wishes to live.
However, the Court must still determine whether or not the
child's choice is in his or her best interest.
ADOPTION
Who may be adopted:
A child or an adult living in the State of Texas.
General requirements:
*a. The biological/legal parents rights must be
terminated.
b. Person seeking to adopt must file an original suit.
*c. The child must have resided with the Petitioner for at
least six months.
*d. A child over the age of 12 years must agree to be adopted.
*e. A Social Study must be completed.
*f. A Criminal History/Background check must be completed by
the Texas Department of Public Safety.
*g. The Court must find that the adoption is in the child's
best interest.
*h. The Court may appoint a Guardian-Ad-Litem to represent the
child's interest.
*Not applicable to adult adoptions
PROTECTIVE ORDERS
Filed for the purpose of protecting members of a household,
and may be filed by:
a. adult member of the household
b. District Attorney's office
The Court must find that family violence has occurred and is
likely to occur again in the future.
The Protective Order may provide for any or all of the
following:
a. restrain a party's access to the children
b. grant exclusive use of a residence
c. require payment of support
d. require participation in a batterer's program
e. restrict communication and contact
NAME CHANGE OF CHILD
General Requirements:
1. Parent, Managing Conservator, or Guardian must file suit in
the county where the child resides.
2. Each parent must consent or be given official notice of the
suit by service of citation.
3. A child twelve years of age or older must give written
consent.
COURT PERSONNEL
Bailiffs: Sheriff deputies responsible for
maintaining order in the courtroom; authorized to serve
citations, notices and subpoenas.
Court Clerks: File and maintain court
records; set matters for hearing before the Judge or Associate
Judge.
Court Coordinators: Act as administrative
assistants to District Judges and aid in managing the Court's
docket.
Court Referees: Similar in function to
Associate Judges except they generally preside over preliminary
hearings for the Juvenile Courts in cases initiated by the Texas
Department of Protective & Regulatory Services (sometimes
called "Child Welfare") for protection of children as
well as juvenile delinquency proceedings.
Court Reporters: Specially trained and
certified to record Court proceedings or depositions and maintain
the evidence.
TYPES OF CASES HEARD BY FAMILY DISTRICT COURTS
Annulment: Annulment differs from divorce in
that it voids the marriage as if it never existed. Annulment is
available in certain limited situations.
Divorce: Process that ends a marriage
relationship. Typically, when spouses are divorced, all property
owned by the parties and all existing debt should be divided.
Such divisions may or may not be equal. When spouses with
children divorce, each parent's rights and duties with respect to
the children are established by court order.
Enforcement and Contempt for Violation of Court Orders:
Any allegation that a person has violated a court order is
serious. A person may be fined and/or imprisoned for violation of
a court order. Enforcement requires that a violation be brought
to the attention of the Court which is done by the filing of a
motion in the Court.
The most common types of court orders that are enforced relate
to the following:
(1) child support;
(2) visitation between parents and children; and
(3) property division.
Modification: Generally, the term
"modification" refers to a change of one or both
parents' rights and/or duties from what was originally ordered by
the Court. Texas law places various burdens of proof upon those
seeking to modify prior court orders. The most frequent
modification actions involve a change of custody, child support,
and/or visitation rights. A court order may only be modified by
another court order.
Paternity: A paternity suit seeks to identify
the biological father of a child in contested cases. A
determination of paternity is made by using one or more
scientifically accepted methods of testing. Paternity can be
established either voluntarily or involuntarily.
Termination and Adoption: Termination ends
the parent-child relationship by court order. It can be either
voluntary or involuntary. Involuntary termination occurs only
when certain facts are proven and legal standards met.
Adoption establishes the parent-child relationship. This only
occurs voluntarily. A person who has adopted a child acquires all
rights and duties of a parent.
LEGAL TERMINOLOGY (Definitions)
The following is an alphabetical list of words and terms that
may be new to you. These words and terms are defined or explained
so that you might better understand the terminology used in the
legal process you will be going through.
Answer: Typically, the first document filed
on behalf of a person after he or she has been sued. An answer
may include a number of responses and may request that the Court
grant relief to the person filing the answer.
Attorney/Guardian Ad Litem: A person
appointed by the Court to represent the interests of a party
(usually a child) in a proceeding. An Attorney Ad Litem must be
an attorney; a Guardian Ad Litem may be an attorney, but does not
have to be.
Citation and Service of Citation: A citation
is a legal way of notifying a person who has been sued of the
lawsuit. Service of citation usually occurs when a sheriff,
constable, or other disinterested person over age 18 provides a
person with a true copy of the original petition. There are also
other methods of accomplishing service of citation.
Decree of Divorce: The written judgment of
the Court which fully and finally disposes of all points in
issue. A Decree of Divorce provides for the division of property
and liabilities of the parties and, if children are involved,
includes orders for conservatorship, support and access. A Decree
of Divorce can be entered by agreement of the parties or upon a
Court order after completion of trial.
Deposition: A deposition is the testimony of
a potential witness taken under oath, not in court, which is
recorded by a court reporter and/or video-tape, and which can be
used when the case comes to trial.
Discovery: Discovery is the term used for the
fact-gathering process of a lawsuit through which attorneys
obtain information regarding any issue which is relevant to the
pending case.
Injunction: Injunctions are court orders
which typically order a person or persons not to take certain
actions. Injunctions are issued only after both parties have
either agreed or after a Court hearing. They usually last until
the case is resolved.
Interrogatories: Interrogatories are written
questions from the opposing party which must be answered under
oath within a specified period of time by the party upon whom the
interrogatories are served.
Inventory and Appraisement: A sworn statement
filed with the Court and/or exchanged between the parties which
sets out all of the property, both real and personal, owned or
claimed by the parties and a list of all debts and liabilities
owed by the parties.
Original Petition for Divorce: A document
that begins the divorce lawsuit and is the first paper filed in
the District Clerk's Office. It asks the court to grant a
divorce, divide the spouses' property and debt, and make orders
regarding children, if there are children involved. An original
petition may also contain a number of other issues that a spouse
wants the Court to consider or act upon.
Petitioner: The petitioner is the person who
filed the lawsuit.
Respondent: The respondent is the person who
has been sued by the petitioner.
Standard Possession Order: The "Standard
Possession Order" is a guideline for periods of possession
that a possessory conservator, or a joint managing conservator,
may receive. It is not actually an "order" until the
Court incorporates it into a court order. The Standard Possession
Order provides exact dates and times for periods of possession,
including designated weekends, a weeknight, certain holidays, and
during the summer. A copy is available through your attorney.
Temporary Orders: Temporary Orders are orders
entered by the Court between the time the lawsuit is filed and
the time the lawsuit is resolved. The most frequent Temporary
Orders include orders regarding the following:
(1) custody or possession of children;
(2) child support;
(3) temporary spousal support;
(4) temporary use of home and possessions; and
(5) debts and bills.
Temporary Restraining Order: Most commonly, a
Temporary Restraining Order is an order issued and signed by a
court, ordering a person involved in the litigation not to do
certain things. Typically, a Temporary Restraining Order is
granted by the Court prior to giving notice to the person who is
the subject of the order. Temporary Restraining Orders are
frequently granted by the courts when an Original Petition for
Divorce is filed. The duration of the order is short (14 days as
of the time this pamphlet was published). Typically, a Temporary
Restraining Order will order the person to whom the court order
is directed to appear in court at a specific date and time for
the Court to determine whether such order should be continued or
made mutual against both parties.
Waiver: Waiver means giving up a legal right.
Consequently, it is essential that anyone who is thinking about
signing a waiver find out exactly what rights he or she may
actually give up before the waiver is signed.
RULES OF DECORUM
The following rules of decorum shall be applicable to all
Family District Courts in Dallas, Texas.
CONDUCT AND DRESS REQUIRED OF ALL PERSONS WHILE ATTENDING
COURT
1. All persons shall dress in accordance with proper courtroom
decorum. No shorts, t-shirts, jogging suits, cut-off's, or
sun-dresses. Men's shirts shall be tucked into their pants.
2. No beverages or food items in the courtroom.
3. No reading of magazines or newspapers in the courtroom.
4. All headgear shall be removed while in the courtroom.
5. All pagers and cellular phones shall be turned off while in
the courtroom.
6. Generally, children should not be brought to the courthouse
unless a specific request has been made. Children shall remain
outside the courtroom during all hearings unless they are called
to testify. Have an appropriate person to take care of your
children if they are at the courthouse.
FAMILY LAW COURT NUMBERS AND
INFORMATION
District Clerk's Office (214) 653-7786
Family Court Services (214) 653-7674
Dispute Mediation Service of Dallas (214) 754-0022
(Child Welfare) Texas Department of
Protective & Regulatory Services (214) 951-7902
LEGAL SERVICES:
Dallas Bar Association Lawyer Referral Service (214) 220-7444
Dallas Legal Hospice (214) 522-8064
Farmers Branch-Carrollton Bar Association (972) 458-4400
Garland Bar Association (972) 276-0631
Irving Bar Association (972) 986-1508
Legal Services of North Texas (214) 748-1234
Mesquite Bar Association (972) 270-2102
North Dallas Bar Association (972) 424-0472
Plano Bar Association (972) 690-0107
State Bar of Texas (800) 204-2222
Texas Attorney General's Office (214) 742-8944
Women's Resource Center of the YWCA (214) 821-9595
CHILD SUPPORT:
Attorney General's Office - Consult the Blue Pages in your
Southwestern Bell Business White Pages (Government Offices -
State) for the location serving your geographic location.
Dallas County Child Support Office (214) 653-7167
COUNSELING/FAMILY SERVICES:
Family Place Hotline (Family Violence) (214) 941-1991
Self-help Clearinghouse -Mental Health Assoc. (214) 871-2420
Suicide Prevention (214) 828-1000
PARENTING CLASSES:
The Child Guidance Clinic (Dallas Our Kids - Divorce Education)
(214) 351-3490 ext. 3432
Dallas Association for Parent Education (972) 699-0420
EXCAP Center (Families First Seminar) (214) 644-2098
The Family Connection (214) 520-8110