For the most part, you should not bring children with you to Family Court, even though the issues in your case may involve the children.
According to a publication issued by the Texas Young Lawyer’s Association called “What to Expect in Texas Family Law Court”, the only times you would bring your children is if your lawyer requests it or the court orders it. If bringing your child is unavoidable, you should have an adult accompany and stay with the child outside the courtroom while you attend the trial session or hearing.
There are instances in a case where a judge may decide to interview a child, but this interview is not typically done during a court hearing. Instead, judges interview children in chambers, privately, at specifically appointed times. An instance where a judge may decide to interview a child is when one parent is seeking sole custody and the child wishes to voice his or her preference about living with or not living with the parent.
Under the Texas Family Code, children can be become involved in court cases when judges assign an attorney ad litem to a child. The attorney advocates for the child, must be loyal to the child, keeps matters confidential, advises the child and represents the child’s expressed objectives. The attorney can consent or refuse to consent to another attorney’s request to interview the child. Attorneys ad litem also attend legal proceedings in a lawsuit on behalf of children.
If you have questions about how the legal process for your divorce or other family law action may affect your child, our attorneys at C.E. Borman & Associates we are glad to answer your questions.