Tarrant County has six courts who hear all family matters for the County. Smaller counties not in metropolitan areas have what are called courts of general jurisdiction. Courts of general jurisdiction hear all kinds of matters: criminal, civil, and family. But because of the larger populations, counties like Tarrant and Dallas have courts that specialize in civil, criminal or family law.
Such is the case in Tarrant County. We have six district courts who hear all family law matters including Department of Family and Protective Services (DFPS): the 231st, 233rd, 322nd, 324th, 325th, and 360th. Additionally, the 323rd District Court hears some DFPS cases as well as all juvenile matters.
Each of the six family law courts have two judges: the Associate Judge and the District Court Judge. Some people refer to them as the "big" (District Court) and the "little" (Associate) judges. This is because the District Court Judge is essentially the "boss" of the Associate Judge. The District Court Judge is elected while the Associate Judge of the court is selected by the District Court Judge and appointed to the seat.
The Associate Judge and the District Judge have defined areas regarding what they hear. All hearings for Temporary Orders and enforcements (of child support and visitation) are heard by the associate judges. The District Court Judges generally hear all of the final trials, motions for continuance, and appeals of the rulings from their associate judges. In some courts, if both parties agree, the Associate Judge can hear the final trial for a case.
Hear are a few questions I am often asked about the courts here in Tarrant County:
Q: How do I know what court my case is in?
A: At the top of anything filed with the court is what is called the "caption." The first line is a number in the following format: XXX-XXXXXX-XX. The first three numbers is the court. The last two number is the year the case was initiated. You can also find the court on the right side of the caption.
Q: How is the court for my case picked?
A: It is randomly chosen by a computer program.
Q: Can I pick what court I want for my case?
A: No. Even if you get a court you don’t want and cancel your case (called a nonsuit) in hopes of filing again and getting a different court (this is called forum shopping in the legal community), the computer is smart enough to recognize the names of the parties and children and put you in the same court you had in the first place.
Q: What if I had a divorce years ago and now want to modify child support or visitation for my children? Will I get a new court?
A: No. When a court has jurisdiction over a child in any matter, that court has what is called "continuing, exclusive jurisdiction" over that child. Therefore, if three years after your divorce you want to modify your child support, you will end up in the same court you had for your divorce. The only way to potentially change this is if the child moves out of the county and remains for at least six months. In this situation, you would need to consult a lawyer to find out how you can change courts.
Ami J. Decker
www.famlawtex.com
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