Being in a new, unfamiliar place is not a comfortable feeling for you to have. I can remember what it was like when you “graduated” from fifth grade to sixth grade and how it felt to be in a completely new environment. New kids, new teachers, a new schedule to learn. There was so much “new” associated with the change in schools that it was tough to focus on what I was there for the learning. Even figuring out how to open my locker as a sixth-grader seemed like an insurmountable task when hurry to change out books and get to the next class.
Of course, the concerns that we have like a sixth-grader pale in comparison to the concerns most of us have as adults. While we grow and mature challenges that seemed insurmountable (like the aforementioned issues with my middle school locker) now seem like nothing at all. With age comes wisdom, experience, and perspective. I’d challenge any of us to untangle those three characteristics from one another. As you develop one, the other two come along as well in no particular order. This is good- because the adversities of life do not stop in a middle school hallway. Rather, those adversities keep coming to no matter if we are ready- or not.
A divorce or child custody case is an adverse situation that adulthood forces upon many of us. The stakes in a family law case are quite high given that you have not only yourself and your well-being to be concerned with but also that of your children, your extended family, and even your spouse. You can be the most contentious person alive but if you have a spouse or a co-parent who does not match up with you in terms of those values that you may be looking headlong at a family law case.
That doesn’t mean that you have to be a passive participant in your family law case. On the contrary, there is nothing wrong with using the information to gain advantages and Peace of Mind in this case. Remember that information these days is not a scarce resource. Quite the contrary: we may be in an age where we have too much in too great of access to information. Therefore, you need to protect yourself and be cognizant of the information that she received as well as who is providing it to you. Trustworthy information may be hard to come by. We hope that in this space you can trust the information that the law office of Brian Finnegan provides to you.
With that said, I would like to spend today’s blog post discussing with you what it means 2 be involved in a family law case while you attend court. To be sure, there is much more 2A family law case then going to court. I understand that movies and television shows would have you believe that most of a legal case revolves around going to court. However, this could not be further from the truth. You are liable to spend fairly little time in court if you can bear a few things in mind and practice a few habits throughout your case. We will talk about how to avoid unnecessary trips to court as well as how you can best handle yourself when you are faced with the proposition of a hearing or trial.
Bear in mind that these are not the only tips and tricks that a person can utilize to be successful in court. Your particular case, your role within the case, and that of your opposing party will also factor into best practices inside the courtroom. For that reason, I highly recommend that you consider speaking with one of the experienced attorneys at the Law Office of Bryan Fagan. Power licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how you can best maneuver your case for favorable outcomes as well as how to conduct yourself in the courtroom should your case require it.
Why am I going to court?
I think one of the most important questions that you need to be asking yourself at this stage of the case is why would you be going to court in the first place. After all: we can talk all day and all night about what it means to go into court but until you understand when a court case is necessary then we will just be spinning our wheels. For that reason, I would like to take some time to talk to you about why family law cases most frequently go to court.
A temporary orders hearing occurs in the beginning stages of a divorce or child custody case. I should say that temporary orders are the phase of a divorce that she will be most familiar with. The re-orders phase of the case allows you and your Co-parent to adjust to living till life in two households with your children. Or, if you are going through a divorce with no children then the case will allow you and your Co-parent to adjust to my wife Moving in separate households and managing your finances as single adults. To be sure, the temporary orders phase upper case is extremely important because it offers you a window into what your life will be like after your child custody case or divorce is over with. However, issues oftentimes arise during this case that requires you and your opposing party to attend court.
The most obvious reason why the two of you would need to attend a court hearing is due to you are not being able to reach an agreement on temporary orders. Most family law courts will require you to attend at least one session of mediation before attending a temporary orders hearing. This is for many reasons. First of all, mediation allows you and your opposing party to take charge of your case and determine outcomes for yourselves rather than relying upon a family court judge to make those determinations.
Next, mediation is also very good at allowing you all to come up with solutions that better suit your family. Keep in mind that a family court judge will do their best to accommodate you and your family but the judge will never know you all as well as you all know yourselves. This is true even after a multiple-day temporary orders hearing or trial period even then, family court judges will typically prescribe outcomes that are in line with what you see in the Texas family code. These are one size fits all orders that may not fit your family all that well due to your specific personalities, needs, in circumstances. Therefore, you want to avoid going to court if for no other reason than a judge may not be able to meet your needs for coming up with orders for everyone involved.
Finally, the family courts of Texas, just like basically every other type of court, are extremely overburdened in light of the pandemic and the inability of people to have in-person hearings. As a result, We have seen that it is difficult to get a court date when you want one. Judges’ dockets are overwhelmed with persons just like you who may need to visit their true various reasons. Judges know this and seek to limit the number of hearings and trials that they have. Therefore, you will likely not be met with a happy judge if you approach them for a hearing.
Temporary orders hearings R Both you very much like a trial. and your opposing party will attempt to enter evidence into the record to help you gain the relief that you are seeking from a court. For that reason, you need to be sure that it is necessary to attend a temporary orders hearing. This is a major event in your case is one where You are placing a lot of trust in a family court judge who is likely never encountered you before. It would be wise With your attorney to discuss what can be done in mediation to avoid having to go to temporary orders hearing. The odds are good in the case that you and you’re to parent quote to be able to negotiate your way through the issues in your case rather than be forced to attend one of these hearings.
Next, we oftentimes see parties who need to attend hearings in disputes relating to discovery. Discovery is a process whereby you may submit formal, written requests for information, documentation, and answers to questions that can be used to help prepare you for trial. Both you and your opposing party have the right to request this type of information. The discovery process involves you reviewing responses from your opposing party as well as submitting responses as well as objections to the requests of your opposing party. This is where people run into problems and disagreements much of the time about discovery.
For instance, you and your attorney may have objected to several discovery requests submitted by your opposing party. If your opposing party disagrees with your ability to object or the grounds on which you objected then you see them request a hearing in front of a judge to determine whether or not you have to submit an answer to that question. Discovery-related hearings do not necessarily have to be extremely detailed or long but they do require trips to court.
Finally, most everyone reading this blog post is familiar with the concept of a trial or. It covers the trial much of the same information that we have already covered about temporary orders hearings. However, in temporary orders hearing how many covers a Certain period that will last until your case is over with. However, a trial covers a much more uncertain period that begins to take place as soon as your case is over with the period therefore the stakes are much higher. Finally, at trial in a divorce setting also Tends to be a long and therefore expensive matter. You will need to make sure that you can take the risk of living with The decisions of a family court judge as well as with paying the money associated with going to trial.
How to conduct yourself in court
The subject of how to conduct yourself in court is always an interesting one. Each one of us had a different upbringing and has different values and experiences. Therefore, the way we act in public, or mannerisms, habits, and c can be quite different. However, we also know that it is possible to teach a person how to do something even if it is foreign to them. In other words, I am confident that you and I as old dogs can learn new tricks. This is especially true when the tricks aren’t all that complicated iesto begin with. Rather, all we are talking about here is developing habits and adjusting to the norms of a place that we may have never been before.
The first thing I can tell you about family court is that it is completely normal to feel out of your element. The reason for that is that you will be completely out of your element. I’m writing this blog post under the assumption that you are not a practicing family law attorney, judge, bailiff, court reporter, or other courtroom personnel. Therefore, when you go to court for a hearing or trial he may well be there for the first period even if you have been to corporate for it is not the type of place for you to feel warm and fuzzy. As a result, it is completely understandable for you 2 feel like you are not at home.
The first thing you can do is remember that your opposing party likely feels the same way. Even if he or she looks calm cool and collected they would likely be just as nervous as you are. After all, the decisions of a family court judge can be impactful for both of you. As a result, you should not assume that your opposing party is that much more comfortable than you.
I would recommend turning off your cell phone once you enter the courthouse and locate your attorney. Theoretically, once you locate your attorney there is no one else that you need to be in communication with until your hearing is over with period obviously if you have someone that is needing to speak to you or have a child that you expect to hear from then you should consider those factors. Otherwise, there is no need for you to be on your phone while in court. You need to be paying attention to what courtroom personnel are saying especially the judge. A bailiff may instruct you to turn your phone off as soon as you enter the courtroom. Failure to do so will result in your phone being taken away and possibly not returned to you until the end of the day.
Next, bear in mind that going to court is not all that different than going to another person’s home or even going to church. Sitting up straight, minding your language, waiting your turn, and knowing what to wear is all-important. For instance, ladies should plan to dress conservatively. This means no high heels or short skirts or dresses. This is not a fashion show in court and the last thing you want to do is to distract the judge. Distracting jewelry or perfumes should not be worn. My church comparison is an active one. Wear clothing that is comparable to what you would wear to church.
Next, you should plan on leaving your house earlier than you think you need to. For example, if you live in one of the Houston suburbs and need to drive downtown for court then you should plan on leaving 30 to 45 minutes earlier than you need to. Traffic may be 15 minutes worse than you think, we have to go through security which means taking off your shoes and belt, and then you need to account for other delays in getting up to your particular courtroom. The family courts are on some of the higher stories in the courthouse. As a result, you should not necessarily plan on walking through the door and being inside your courtroom in 5 minutes.
Finally, speaking to a judge is not dissimilar to speaking to your boss or a priest or pastor. Using your manners, not speaking unless spoken to, and not interrupting are all good pieces of advice when talking to a judge. Remember that once your hearing begins you will be put under oath which means that telling the truth is a crucial period if you can perform these pieces of advice then you will be set up well to conduct yourself beneficially for your hearing.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
You have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of a divorce award child custody case.