Family Court Proceedings and Processes: How They Work

Understanding how family court works in Texas is one of the most important steps you can take before filing a case. Whether you’re facing a divorce or a child custody dispute, entering the process without knowing the basics is a major disadvantage. Far too many people attempt to navigate family court blindly—comparable to trying to solve a calculus problem without ever learning basic math. Without that foundational knowledge, the legal process can feel overwhelming and confusing. Gaining clarity on how the system functions empowers you to make informed decisions and protect your rights from the start.

You do not want to put yourself in a position where you are staring at a stack of family court papers that you downloaded off the internet without a clue what to do with them. You may be able to learn, eventually, how to file your divorce, but the factor that you may be leaving out of this scenario is time. Time has a way of rearing its ugly head when you least want it to. Time drags on when you are visiting your relative that you’re not particularly fond of. On the other hand, time seems to march quickly when we’re on vacation. Time is relative to what we are doing at that moment.

Why you can’t afford to wait during a divorce or custody case

The truth is that you don’t have the luxury of being able to take your time in a divorce or child custody case. The circumstances of your life demand that you file a case efficiently, that you create manageable goals for yourself, and that you develop a plan to accomplish those goals. Your life will march on whether you want it to or not. Life does not go on “pause” because you have filed a child custody case. Everything that used to take up your time will still do so even if you are involved in a family law case.

Here’s what happens after that. We imagine a situation where we suddenly become the most dedicated and focused person in the world. We can handle all matters related to our family law case in addition to matters related to our families, our work, our hobbies, and everything else going on in our lives. However, the reality is that it is difficult to make changes like that quickly. You may have aspirations to become the most focused person in the world, but it is unlikely that you will become that person overnight. Who you are at the beginning of your divorce is likely who you will be at the end. You can use divorce as a springboard to create a better person, but that process takes a long time.

Why good intentions aren’t enough in a family law case

For now, we are busy, flawed, and unfocused a lot of the time. You’re not a bad person or even someone who can’t focus when the motivation is there. However, a family law case is a serious business, and you have several other areas of your life that take up a great deal of your time and energy already. Adding a family law case on top of that may be the straw that broke the camel’s back. Having the best of intentions is not enough in a family case. In fact, in the graveyard of failed family law cases, you will find the best of intentions scattered about the headstones. I’ve not yet heard of a family court judge who has patted a lawyer on the head after a missed deadline to tell them that it was ok since he or she had the best of intentions.

Rather, whether you will be hiring an attorney to help you push through your divorce or child custody case or not, you need all the help you can get to learn how a family law case progresses in Texas and what you need to do to help push the ball down the field as effectively as possible. Divorce and child custody cases generally follow the same trajectory and course, no matter what the circumstances. However, it would be incorrect to say that you can follow the same advice and roadmap as your best friend who got divorced. Family law cases are unique because you are unique. Your children are unique. Your circumstances, not surprisingly, are also unique.

Why your family law strategy should be as unique as your situation

That is what makes family cases so challenging- you can’t just copy and paste someone else’s goals and strategy and use it as your own. What worked for your next-door neighbor may not work for you. There are many reasons for this, not the least of which may be that you and your neighbor have very different views on what “worked’ means in the context of a family law case. Your goals, circumstances, and everything in between may be much different than those of your neighbor. It would be foolish to simply look at what she did and settle for that.

Rather, you need to develop goals and, just as importantly, consider a strategy that can help you reach those goals. It is possible to have a positive experience in a family law case without the assistance of an attorney. People do it every day in Texas. There is no requirement in the Texas Family Code that you hire an attorney to file your case for you. However, there is good reason to believe that hiring an attorney can help you define your goals more clearly, lay out a plan of action more effectively, and generally proceed down the road to divorce with fewer distractions.

Schedule a free consultation with a family law attorney today

If you believe that you would like the assistance and guidance of experienced family law attorneys with the Law Office of Bryan Fagan, please do not hesitate to contact us today. Our licensed family law attorneys offer free-of-charge consultations six days a week at our three Houston area office locations, over the phone, and via video. These consultations can help you learn more about the family law case process in Texas. You may also gain some perspective on how important it is for you to have an attorney to ensure that your long-term future has a sunny outlook as opposed to the fog that you may find yourself in currently.

An example to illustrate our points on building a Texas family law case

Building a Texas family law case from the ground up is serious business. It is relatively easy to wander into a family law case, but it is very difficult to wander out of one with your life intact. When you consider that you may have children who are involved in this case, it is even more important for you to have a vision for your case and the circumstances within it. To illustrate this point better, let’s walk through a situation that may resemble your own to a certain extent.

Let’s suppose that you are pursuing a child custody or conservatorship case involving your son. There are basic steps that you will need to learn to get your case moving. By the same token, there are also certain elements of your case that are unique to you and your family. The sweet spot of a family law case is to learn those elements of your case that need to be accounted for while appreciating that your case needs to follow a certain path to accomplish your specific goals.

Prepare for your case

What are your options as you begin your Texas family law case? This is what you need to consider as you either plan to hire an attorney, negotiate informally with your spouse, or investigate the process of filing documents yourself without the assistance of an attorney. Questions about your children will probably be the most important to you. Learn about the types of conservatorship designations and what they mean for your family.

Joint or sole managing conservatorships are the two designations that you and your co-parent may hold together. Either way, you will be sharing in the parenting relationship with your co-parent. The main difference is the extent to which you will hold rights to your child versus what your co-parent will hold. Time with your kids is important, but rights and duties about your children are important, as well. Depending upon your circumstances and the needs of your child, they may be even more important.

Why your possession schedule should fit your life—not just the standard order

Think about the schedule that you have for work and what the needs of your children are. What does a possession schedule need to look like for you to be able to take advantage of the time that you have with your kids? Different families have different needs when it comes to coordinating time with the kids. A Standard Possession Order may sound like it makes sense for your family but if you have an atypical work schedule, then it may not be in your best interests or that of your children. Think hard about what works out best for you and then decide what you would like to initially pursue as far as a custody schedule.

This is all done much more efficiently when you have an attorney to assist you. Specifically, an experienced family law attorney can help you process what your situation is and what your goals need to be because of that situation. You may be able to learn the Texas Family Code backward and forward if you study hard for months and months. You may learn exactly what forms to file to proceed with your divorce. However, that’s just a part of a divorce in Texas.

Why legal experience matters more than endless research in your divorce

The other part of a divorce that isn’t covered purely by book knowledge is learning how the law and your circumstances can interact, not only presently but in the future. Consider that the experience of a family law attorney is not something that you will be able to replicate, no matter how hard you try. This is what you are missing when you do not hire an attorney to represent you in a divorce. I mention this not to intimidate you or to pressure you into hiring an attorney. I tell you this as a way of sharing basic information about divorce.

Having an attorney is an advantage for you. Instead of learning everything there is ever to know about Texas family law, having an attorney can help provide you with the knowledge that you need about your case. Remember back in high school or college when you would have a final exam after the semester? Do you recall how long your notes would be once you were a few days away from the exam? It was daunting to think about learning each piece of information contained in those notes, even though you knew the teacher wouldn’t be able to test you on every single aspect of those notes.

Why hiring a family law attorney can save you time and stress

This is where having an attorney comes in handy. Imagine if someone had been able to sit with you at your desk back in school and highlight the specific portion of your notes that were going to be included in your exam. The time that you could have saved would have been unimaginable. The stress that would have been relieved since you would have been able to find out exactly what you needed to succeed in your exam cannot be second-guessed. As a result, you could have saved time and scored better on your exam.

This is not a perfect comparison to hiring an attorney for your family law case, but I think it is close. The simple truth is that by hiring an attorney, you can minimize the time that you spend studying material that simply was not relevant to your case. Learning each detail about discovery in a divorce when you and your spouse have no property or children probably isn’t necessary. However, if you read in a blog that discovery is a critical element in some divorce cases, you may go ahead and spend days learning about discovery. Meanwhile, the chances of you or your spouse serving discovery requests upon the other person are slim to none.

Imagine what you could have been doing with your time had you not devoted so much of it to learning about an issue that had no relevance to your case. It is frustrating to think about being sure, but it is nonetheless a reality for many people who go through a family law case without the assistance of an experienced family law attorney. However, this does not have to be you. Rather, you have an opportunity to hire an attorney and to benefit from having done so.

Filing your family law case

Once you have made up your mind on whether to file a case in the first place and to hire an attorney, the next step in the family law case process is to move forward and file your case. Whether it is a suit affecting the parent-child relationship or a divorce, you need to file the case to get the process off the ground. Otherwise, you risk putting yourself in a situation where you are continually going back and forth about whether to begin the case. Meanwhile, the problems that have you considering whether to file in the first place are still rearing their ugly heads.

After filing your petition, you must serve notice to your spouse unless they waive personal service. You can’t simply hand over the papers yourself. A constable, process server, or other authorized person must deliver the documents along with a citation. If you’re concerned about your spouse’s actions during the divorce, consider requesting a temporary restraining order (TRO). A TRO sets clear boundaries for both parties and typically lasts up to 14 days, with the option to extend it up to 28 days.

You would then set up a temporary order hearing with a judge to have your temporary orders considered. Before that, however, most Texas courts will require you to attend temporary orders mediation. Even without an attorney, it’s wise to learn about mediation and its benefits. Mediation gives you control over the outcome—something rare in family law. Instead of leaving decisions to the court, you and your spouse can take charge by resolving issues together.

Conclusion

Knowing how family court works gives you a critical advantage when facing emotionally charged issues like divorce, custody, or support. By understanding the process, your rights, and what the court expects, you can approach each step with confidence and clarity. Preparation and knowledge can ease the stress of family court and help you focus on achieving the best possible outcome for yourself and your loved ones.

If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”

If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”

Other Articles you may be interested in:

1. Can You Refile After a Family Court Case Is Dismissed in Texas?
2. Will there still be family court hearings and trials in Houston area courts in the state of disaster?
3. How does a Texas family court judge ensure fairness?
4. My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven’t
5. When is Cheating Considered Adultery in a Texas Divorce?
6. Sex, Lies, Rock-and-roll, and Adultery in a Texas Divorce
7. The Harris County District Family Courts at a Glance: February 2023
8. Understanding Financial Statements in Family Court
9. Registering a foreign family court order
10. Family court cases and their impact on your child’s school
11. The Family Law Court and Legal Aid
12. Can a family member represent me in Court? What if they are a suspended Former Lawyer?
13. What will a Texas family court look for when determining spousal support?
14. What happens if you lie in family court?
15. How to prepare for and win on an enforcement case in Texas family court