Another spring in North Texas brings more than daffodils and bluebonnets. Almost as prevalent are those fields of yard signs, touting the qualifications of local judicial candidates. In Texas, all of our state court judges are elected by the people rather than appointed by the governor or state commission. So, every four years, our elected family court judges must persuade Tarrant County or Dallas County voters that they are fairly and impartially administering justice in their courts.
Clients in divorce cases in Dallas and Fort Worth are often surprised then to find that their family law dispute is not being heard by the duly elected judge of a family law court, but by an associate judge. The Texas Family Code gives judges authority to appoint an associate judge to hear cases and make rulings in both divorce and custody cases. Because of the high volume of divorce, child custody and CPS cases.
Both Dallas County family law courts and Tarrant County family law courts rely on associate judges to hear all requests for temporary orders in divorce cases and child custody cases. This reality has important ramifications for litigants in divorce and child custody cases pending in Dallas and Ft. Worth. These ramifications should be explored in detail with experienced divorce attorneys and child custody attorneys practicing in Dallas and Tarrant counties.
Attorney Gregory L. Housewirth and the law firm of Schreier & Housewirth have practiced in Dallas and Tarrant County family law courts for over 20 years. Additionally, Gregory L. Housewirth is a board certified family law specialist handling divorce, child custody, and CPS cases in Dallas, Ft. Worth and surrounding counties. From this perspective, Mr. Housewirth notes the following strategic concerns for divorce and child custody clients in Fort Worth and Dallas.
1. Associate judges handle large dockets. It is not uncommon for more than ten cases to be set on an associate judge's docket. Many times, the family court associate judge will impose time limitations on the length of a temporary orders hearing. Therefore, it is important for divorce and child custody clients to be prepared to present their case clearly and concisely. An experienced divorce lawyer practicing regularly in Tarrant County or Dallas County can help to clarify the disputed issues and effectively present the case to the court.
2. When hearing routine requests for temporary orders in divorce and child custody cases pending in Dallas or Ft. Worth, the associate judge is not making a record of the hearing. In other words, a court reporter is not present to transcribe the testimony of the witnesses. This can give a less than honest witness in such a case the opportunity to give less than truthful testimony in the temporary orders hearing or the opportunity to "revise" testimony at a later date without fear of being impeached with his prior testimony. Divorce and child custody clients should discuss with their experienced family law attorney the merits of hiring their own court reporter to make a record of the testimony in a child custody or divorce temporary orders hearing. Such a record can be very useful at a final trial before the family law court district judge.
3. A ruling on temporary orders by the associate judge in a divorce or child custody case is directly appealable to the presiding family district court judge. Such an appeal is de novo, or a "do-over." The appeal must be perfected not later than the seventh working day after the date of the associate judge's report. To appeal the ruling of an associate judge in a divorce, custody, or CPS case, clients should consult an experienced family law attorney. Failure to follow proper procedures with result in the appeal being dismissed.
Family law practice in both Dallas County and Tarrant County occurs in a dynamic environment. Newly enacted Texas Family Code provisions and developing practice trends such as collaborative law constantly redefine the concept of effective client representation in divorce, CPS and custody matters. Schreier & Housewirth family law can provide you with the most effective tools to meet your objectives.
