Published by Ben Beveridge | December 3, 2023 | Firm News

Short Answer: Gear up for an exhilarating exploration of the Harris County Family Court’s dynamic realm, where genuine human stories intertwine with legal complexities. This adventure delves into the repercussions of COVID-19, the hurdles of virtual hearings, and the emotional rollercoaster of child custody battles. Join us as we unravel the intricate threads of family law, spotlighting attorneys as the heroes in this epic saga. Get ready to plunge into the heart of Harris County Family Court— an extraordinary journey awaits!

Imagine standing at the precipice of an expansive courtroom, a vast expanse of legal proceedings unfolding before you. Breathe deep; the stage is Harris County Family Court, where tales of love, loss, and everything in between play out daily.

In this enthralling odyssey, we navigate the twists and turns brought by COVID-19 to Harris County courtrooms. From the surge of virtual hearings to the staggering backlog of cases, we dissect the impact of this unprecedented event on the court’s functionality.

But our journey transcends the pandemic. We plunge into the core—the intense struggles over child custody, the intricacies of property division, and the distinct elements setting these cases apart from standard divorces.

Ever pondered the complexities of modifying a child custody order? Brace yourself for the challenges and prerequisites awaiting those seeking a change. Hold on tight as we uncover the absence of middle ground and the potential for intense litigation, leaving no choice but to entrust the courts.

Yet, fear not, dear reader, for heroes dwell within. We spotlight the indispensable role of family law attorneys, adept navigators guiding clients through legal tempests. Armed with knowledge, experience, and passion, they champion clients’ rights, steering them toward favorable outcomes.

Why read on? This article beckons to the curious bystander, potential litigant, or those captivated by family court’s enthralling world. Gain profound insights, unravel successful strategies’ secrets, and grasp the psychological and emotional impact on individuals and families.

Ready for this exhilarating journey through Harris County Family Court’s labyrinthine halls? Join us as we unveil mysteries, dissect challenges, and celebrate triumphs. The stage is set, the curtain rises—let Harris County Family Court’s captivating tale commence!

Welcome to the Unpredictable Universe of Harris County Family Court

In the years post the 2020 onset of the COVID-19 pandemic, Harris County and Texas’s State courts have adapted to conducting business in previously unimaginable ways. Virtual and telephonic hearings, once extreme rarities, became the norm during the pandemic’s initial eighteen months. Courts, particularly family courts, closed their doors to visitors, including attorneys and litigants.

Recently, Harris County family courts reintroduced in-person hearings, grappling with a mounting backlog of cases unaddressed during the pandemic’s early phase. Family courts, among Harris County’s busiest, saw in-person matters largely suspended until early 2021, with hearings scheduled via telephone. Virtual hearings, where parties presented motions and testified via platforms like Microsoft Teams, became a compromise in these challenging circumstances.

As witnessed in various aspects of life, the Harris County district courts showcased flexibility during these trying times. However, opinions on the shift between virtual and in-person hearings varied among family law attorneys, reflecting the challenges faced in adapting to this new normal.

Why do family law cases head to court?

While not all family law cases end up in court, certain factors increase the likelihood of litigation in Harris County’s family courts. Contrary to the belief that court is inevitable upon filing a child custody or divorce case, most family cases find resolution through negotiation, mediation, or informal settlements. Yet, understanding the circumstances that might lead to a court trial is crucial.

Firstly, an overview of Harris County family courts is necessary. Harris County is vast, both in size and population, boasting more inhabitants than all but two U.S. counties. The county’s growth, approximately 20% from 2010 to 2023, translates to a significant population, indicating a potentially substantial caseload for family court judges.

Divorce cases, a major contributor to family court dockets, may lead to trials or hearings for various reasons. Contentious child custody disputes, involving primary conservatorship, child support, and visitation, can escalate, leaving no middle ground for agreement. Community property division in Texas, distinct from other states, often leads to disputes and acrimony, prolonging cases.

Child custody cases, both original and post-judgment modifications, form another significant portion of family court matters. Unlike divorces, these cases may lack middle ground for negotiation, increasing the likelihood of court involvement.

Post-judgment modification cases, seeking changes to existing orders, often arise from dissatisfied parents. With one parent seeking significant changes and the other content with the status quo, finding middle ground becomes challenging, paving the way for prolonged litigation.

These factors contribute to family law cases heading to court, though individual circumstances can vary. If concerned or seeking guidance, contacting the Law Office of Bryan Fagan for a free consultation can provide insights and options.

Current State of Harris County Family Courts

Twelve family courts in Harris County handle a range of family law cases, from divorces to child custody to adoptions. Additionally, the 280th District Court handles protective order applications. Protective orders, applied independently or within divorce or custody cases, focus on ensuring safety but lack readily available statistics.

Among the ten active family courts, the 257th District Court stands out with 2,946 active cases, including 772 post-judgment cases. While reasons for its higher case count are undisclosed, it likely involves case transfers. On the opposite end, the 309th Judicial District Court has 1,642 active cases, with 374 post-judgment cases. Across all family courts, a total of 22,587 active and pending cases exist.

Most cases, over 17,000 of the 22,587, were filed within a year of February 2023, indicating a recent surge in new cases. This suggests that, currently, the courts are clearing more cases than they receive, a positive trend compared to pre-pandemic backlogs.

Impact of COVID-19 on Harris County Family Courts

The COVID-19 pandemic posed unprecedented challenges to Harris County District Family Courts. Prior to 2020, virtual or telephonic hearings were rare, but the pandemic compelled a shift in conducting court business. For eighteen months, in-person hearings were largely suspended, and courts closed to visitors.

Virtual hearings emerged as a response to the pandemic, allowing cases to proceed while courts adapted. Although not ideal, these hearings enabled electronic submission of motions and virtual testimonies, maintaining judicial proceedings. However, the effectiveness of virtual hearings varied, and challenges arose in different aspects.

Challenges in Virtual Hearings and Transition to In-Person Hearings

While virtual hearings facilitated continuity during the pandemic, they presented challenges for attorneys and litigants. Technical difficulties, lack of non-verbal cues, distractions, limited confidentiality, technological literacy issues, emotional disconnect, and hurdles in presenting electronic evidence were notable challenges.

Transitioning back to in-person hearings aimed to address the backlog of cases. Family courts, adapting to changes, reintegrated in-person proceedings. However, opinions among family law attorneys regarding the shift from virtual to in-person hearings varied. Some found the virtual experience seamless, acknowledging judges’ ability to apply the law effectively. Yet, poor internet quality, challenging cases, and dissatisfied clients resulted in disappointment for others.

Factors Leading to Family Law Cases Going to Court