PREPARING FOR THE COURT PROCESS
If your case has a Family Violence Indicator, your case will be routed to court. Keep in mind that even though the Child Support Division will take steps to keep parents separated at court, you may still see the other parent. If a hearing is required, you may have to appear before the judge and describe the family violence. Some hearings may be held virtually but you may still see the other parent.
Before You Go to Court
- Talk to the Child Support Division about your concerns and potential safety precautions that may be available for your court date.
- Ask about options to minimize your contact with the other parent, including:
- Is a telephonic court or virtual appearance possible or allowed by the judge?
- Can you be placed “on call” so you can wait to appear before the judge in a separate area away from the other parent?
- Can court staff arrange for separate entrances/exits?
- Is it possible to have late or early arrivals/departures for you and the other parent?
- Ask about having security guards and/or bailiffs in the building and court, especially if you are in a smaller town where they may not always be present.
- Think through possible safe options for parenting time and conservatorship (custody) arrangements. If you are asking for specific safety precautions or no parenting time, be prepared to bring documentation, if possible, and present testimony of why this is necessary. Think about a possible location for the exchange that is safe and well-lit. If you are going to ask for supervised parenting time, think about who could supervise those visits.
- If the staff member you speak with initially cannot address your family violence concerns, request to speak with someone who can assist with your specific questions, such as the Office Supervisor, Office Manager, Office Ombudsman or Team Lead.
- If you will be appearing before the court in a virtual hearing, try to make arrangements so that you do not appear in the same physical location as the other parent to avoid your hearing being reset.
- If you are appearing before the court in a virtual hearing be prepared to use a blurred or virtual background so your physical location is not exposed to the other parent.
- Call the Child Support Division and ask that staff inform court security about your family violence situation.
- Make arrangements for your child(ren) so you don’t have to bring them to the court hearing if not required. If paternity testing is ordered or has not been conducted, you may be asked to bring your child(ren) to court.
- Ask a family member, friend or advocate to attend the court hearing with you for support. Depending on the size of the docket and courtroom, they may be asked to wait in the lobby until the court check-in process is completed.
- If possible, visit the courthouse in person before your court date. This will enable you to find a safe escape route from the courthouse, the safest place to park or the nearest bus stop. Check and make sure that you have all the documents that you need to bring to court, such as protective orders, police reports, text messages, etc. Consider bringing a diary or a calendar with dates and times of instances when the other parent has hurt or threatened you.
- Write down your main points or a statement you would like to make and bring them with you. Writing down your points in advance can help you remember what you want to say.
- If someone has information about your case that you think is important for the court to hear, ask that person to come with you to court to testify. Keep in mind that you cannot bring a written statement from a friend or witness.
While in Court
- In many courts, parents are seen by an Assistant Attorney General (AAG) or a Child Support Officer (CSO) prior to going before the judge’s bench for a court hearing. If there is a Family Violence Indicator on your case, the AAG or CSO will meet with each parent separately to negotiate the order.
- When a hearing is held, parents swear to tell the truth when testifying before the judge.
- Be prepared to speak about your wants, needs and concerns. Remember, writing out your testimony before the hearing and reading it before the judge is okay.
- The judge will make a ruling and determine what to include in the child support order. Be prepared to speak about the issues or concerns you may have already discussed with the AAG and/or CSO. The judge’s ruling may also differ from what was discussed during the negotiation with the AAG and/or CSO.
- If you realize during the hearing that you need more time to prepare documentation, prepare testimony or research safe options, ask for a reset or temporary order, any of which could postpone the final determination of your case. The court will determine whether to proceed or grant the request.
- A reset means you will come back to court on another date. You may have to repeat your safety concerns.
- A temporary order may address part or all of the issues in the child support order for a specified amount of time. If a temporary order is granted, you will have to come back to court to get a final order at a later date determined by the court.
- After a child support order is finalized, both parents must comply with the court’s order. This means that the person ordered to pay child support must pay child support and the person with primary custody must allow any visitation that is ordered.
Important! The Child Support Division cannot modify or enforce visitation orders. If you have concerns about your court order or you are not satisfied with your order, go to the Following or Modifying a Child Support Order section. If you have questions about parenting time (access and visitation), please visit https://txaccess.org or call the Texas Access and Visitation Hotline at (866)292-4636. Calls are answered in English and Spanish, Monday to Friday, 1:00 p.m. - 5:00 p.m. CST.
If you are interested in having an advocate assist you through the child support process, some family violence programs across Texas can provide you with that support. For more information about services in your area, contact the National Domestic Violence Hotline at (800)799-SAFE (7233) or go to the "Get Help" section on Texas Advocacy Project.