One of the most prominent concerns a parent can have relates to how the law treats them and their co-parent. Sometimes a parent can be led to believe that the law does not treat everyone the same. An idea begins to float around in the legal community, impacting the public’s perception of family law cases. Namely, that quartz may favor one parent or the other in a situation involving custody of children. The unfortunate result is that parties to family law cases may believe that the law treats individuals differently.
The attorneys at the Law Office of Bryan Fagan are here to tell you that the Texas Family Code does not treat mothers and fathers differently. The family code of Texas specifically states that no bias or preference is given to one parent or the other based on their sex. However, that does not mean that you and your co-parent won’t be treated differently based on your history as a parent as well as the circumstances of your case.
Today’s blog post from the Law Office of Bryan Fagan relates to how a family court judge in your case will help to ensure fairness. As we all know, fairness is a subjective term. What is fair to you may not be fair to me. However, when we look at family law cases the law attempts to treat people fairly. Should be your assumption that family court judges act in the same way. Here is more information about how fairness is ensured across the Texas family courts.
How do judges make decisions in a family law case?
When it comes to ensuring fairness in their courtrooms, judges look at multiple factors when determining outcomes. First, judges are guided by the Texas Family Code. The Texas Family Code is a collection of statutes that are passed by the state legislature. Periodically the statutes are updated by the legislature based on the changing desires of voters. Some statutes are removed while others are added. However, these statutes formed the basis of Texas family law.
Additionally, judges can be persuaded by the decisions of state appellate courts. There are fourteen appellate courts in Texas. When a family law party disagrees with the decision of a trial court judge the case may be appealed. These appellate court judges then make decisions on cases. Those decisions are published and can be referred to by attorneys who are arguing points in your family law case. In complex situations, attorneys can win and lose cases based on the arguments that they make connected to these appellate court cases.
Finally, family court judges are guided by the best interest of your child. If a divorce involving children or child custody cases is brought before the court the judge must ensure fairness by looking to the best interests of your child. The best interests of the child’s standard attempt to look objectively at circumstances involving your children. Factors like the physical safety, emotional well-being, and educational development of your child matter. Additionally, family court judges utilize their own experience in opinions when making decisions on matters involving your children.
Child custody cases and fairness of a family court judge
Child custody cases tend to be the most emotionally driven of all family law cases. Whether yours is a stand-alone child custody case or a divorce with children you need to be aware of how judges will handle your matter in a hearing or trial. The best interests of the child’s standard do apply in a family law case. This means that your history as a parent in your child’s experiences matters when considering issues related to child custody. It is difficult to predict the future, but it is very possible to look into the past.
Presenting evidence is a major part of a family law case. However, it is not as simple as dropping a stack of papers on the judge’s desk. Rather, your attorney must be prepared to introduce, offer, and admit the important evidence in your case. Having a fair judge is an important issue. However, your attorney must be prepared to perform the essential functions of a family law attorney. Make sure that your attorney is experienced in handling matters related to courtroom procedure.
At the end of a hearing or trial, a judge makes decisions based on the best interests of your children. Sometimes, there was best interests are different than what is in your best interests. The things that you want to see happen may not occur. Your preferences may not perfectly align with what is in the best interests of your children. Working with an experienced family law attorney with the Law Office of Bryan Fagan allows you to prepare for the different outcomes of a family law case. Your children and your relationship with them are at stake.
Real-life scenario involving family court judge fairness in a child custody scenario
Let’s suppose that you and your wife are going through a divorce. You have three children together. Both of you are concerned about the well-being of your children. Each of you comes at the parenting question from different perspectives. For instance, you have been the primary caregiver for your children. This means you are the one who prepares most of their meals, gets them to bed, and sends them to school in the morning. You work from home. Therefore, you have the greater ability to spend time with your children than does your husband.
By the same token, your husband has done his best to always be present for the children. However, he works in a hospital and therefore has unorthodox hours. He is not able to have the flexibility to spend as much time at home as he would like. This has an impact on your case. Judges must look to your history as a parent to determine what likely will happen in the future. As a result, you are in a better position than your husband to be named as primary conservator.
What does it mean to be a primary conservator in a family law case? In Texas, the primary conservator of children is the parent who holds most of the decision-making authority related to a child. Educational, relational, and health decisions are all made for children by their parents. By winning primary conservatorship you have the superior right in these areas. Additionally, you can determine the primary residence of your children. How does this factor relate to the fairness of family court judges? Here is some additional context for you to consider.
Family court judges, fairness, and father’s rights
When it comes to the subject of determining fairness in a family court one of the most pressing topics has to do with the conservatorship rights of fathers. If any group is going to wonder whether family courts are fair it is likely fathers. There are many reasons for this. However, probably the most impactful motivation for thinking this way is to look at it from the perspective of a father. Many fathers enter into a family law case with the presumption that the law favors mothers. We have already talked about how the Texas Family Code does not favor one sex over the other. However, is there another area of the law that could see judges favor women over men when it comes to primary conservatorship?
The simple truth is that courts do not go into your family law case with preconceived notions of mothers or fathers being better parents. What courts do need to do is consider a case based on the past experiences of your family. In the above scenario, your co-parent has been the one who has cared for the children on a primary basis. If a parent is named as the primary conservator of children, it is likely because he or she has acted in that capacity before. More than anything, this is where ideas about bias in the courts come from.
Look to your past to determine your future
What should this tell you? The reality of a family law case is that you cannot escape your past. Your successes or mistakes as a parent Will be judged in court. If you want to be named as the primary conservator of your children, then this will depend in large part upon What your history as a parent looks like. When determining the likelihood that you could be approved as a primary conservator it is not necessary to guess. Simply look at your history as a parent. That will determine in large part your likelihood of success.
Mediation to ensure fairness in Texas family courts
The issue of how a judge treats you and your co-parent can be mitigated by attending mediation. Mediation is a process whereby you and your opposing party choose to utilize the services of a third-party mediator. That mediator will assist you all by helping you convey settlement offers and make counter offers. The purpose of mediation is to settle your family law case rather than resort to going to court.
No matter to what extent you and your co-parent are in disagreement on issues it is almost certain that you all are better equipped to handle these disagreements than a family court judge. Fairness is not necessarily the biggest issue as to why you are in a better position to make decisions within the family law case than a judge. Rather, it is subjects related to who knows your family better. When it gets right down to it there is little doubt that you and your spouse or co-parent know your circumstances better than a family court judge. Keep this in mind as you try to set the proper course for a family law case.
Fairness in dividing property during a divorce
On the other side of the ledger, we have issues related to community property division. First, property in Texas is divided by utilizing the Texas Family Code. Texas is a community property state. This means that our state adheres to theories related to equitable distribution of property. It is presumed that all property in existence at the time of your divorce is subject to division. This presumption can be rebutted but evidence is necessary to prove that property is separately owned.
Again, you and your spouse have an opportunity to negotiate a settlement when it comes to community property division. Like with your children, nobody knows the circumstances of you and your spouse better than the two of you. Whatever concerns the two of you have regarding property division can be dealt with together as a team. Mediation is a frequently used tool to help families in your position be able to divide property effectively. The mediator does not give advice or dictate how to divide the property. However, a mediator is experienced in understanding how to divide property using creative means.
Dividing up community property can be done by a family court judge. The judge would apply the law based on the specific circumstances of your case. Factors like the separate property you and your spouse own, your educational levels, and your ages will be utilized by the court to help divide Community property. An issue as important as community property division be sure to reach out to an attorney with the Law Office of Bryan Fagan. We hope clients in your exact position every day be able to more effectively manage their property division.
Spousal maintenance can be ordered to ensure fairness
Another financial issue which frequently comes up in Texas family law cases is spousal maintenance. Spousal maintenance is the type of post-divorce spousal support. Many people think of spousal maintenance like alimony. You may be familiar with alimony from movies and television shows. However, spousal maintenance is much more restrictive in Texas. Not every spouse reading this blog post is eligible for spousal maintenance.
At a minimum, you and your spouse must have been married for at least ten years to be eligible for spousal maintenance. Then, you need to be very detailed about the evidence you show which proves your need for spousal maintenance. Basically, you must show that you are unable to meet your minimum, basic income needs without spousal maintenance. Additionally, there must be evidence that your spouse has the financial wherewithal to pay you spousal maintenance.
This places a premium on your ability to collect evidence. The more detailed you can be in your analysis and presentation the more likely you are to Win spousal maintenance. It is not a given that spousal maintenance Will be awarded in your case. In fact, ample evidence suggests that it is difficult to be awarded spousal maintenance. For this reason, you need to have a plan in place when it comes to requesting spousal maintenance. The attorneys at the Law Office of Bryan Fagan understand how to help you win on this issue.
Give the judge every reason to treat you fairly in a Texas child custody case
When you find yourself in a Texas courtroom you need to give a judge every reason to treat you fairly. First, be sure to provide a judge with all the evidence here she needs to make a fair decision in your case. What many people equate to unfairness is reflective of an inability to present your case accurately. This means that if you can show a judge that you are prepared and diligent it is likely that your result will be much better.
Next, just like in any other setting you are advised to act respectfully in a courtroom. For instance, when you go to visit a friend’s house you know that there is a way that you should act. Treating people with respect, acting courteously and other social norms need to be adhered to. The same exists in a courtroom. Understand that the courtroom is not your living room. You need to act as if you are in someone else’s house. If you show the judge respect, then respect will be shown back to you.
This is true not only in how you interact with the court but also with your opposing party. Everyone knows that family law cases are stressful. However, that does not give you permission to act inappropriately or disrespectfully. Reports of bad behavior by you can result in a court handing down punishments. It is also reasonable to expect that a judge will use incidents of bad behavior against you in their analysis.
Final thoughts on family court judges and fairness in Texas
Thank you for choosing to spend part of your day today with the Law Office of Bryan Fagan. Our experienced attorneys know how to guide you during a family law case. Please reach out to us with any questions you may have about the content of today’s blog post.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations 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. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
