What to expect when you go to Family Court Services:
Whenever there is a question for the court to decide concerning custody and possession of children, the court will order a social worker to conduct a social study into the circumstances of the people involved in a case, and to make a report to the judge. Before this can happen, you and all parties will be required to go to an orientation through Family Court Services. In Tarrant County, the orientation is usually conducted with a group of people in the room, and lasts a couple of hours. It is both an information session, and an attempt to move people towards reconciliation and resolution of family disputes.
A client called me recently to tell me she had gone to the required orientation with Family Court Services, here in Fort Worth, in order to pay the deposit to obtain a social study which was required by the temporary orders in her case. She has been awarded temporary custody of a child, until the parents complete their treatment programs and various other conditions. During the meeting orientation session, she and a roomful of other people were told to do everything they could to help the family reunify. To help strengthen the parents. Told to contact the parents. Take the children to see the parents. Avoid going to court if at all possible. She became very confused, she reported to me, and finally resolved to take the child to see the mother. She called the mother and arranged a meeting.
This could have been disastrous, and I strongly urged her not to do this, despite what she may have thought she heard at her meeting with Family Court Services.
Why is this a bad thing, you ask?
Helping parents to step up and take care of their children is always a good thing, you may say.
However, if you have retained an attorney to help you remove a child from a dangerous situation, you may make it difficult to build a case against the parents, which is the job of your attorney who is trying to get custody of a child away from the parents for you, as the client.
A dangerous situation involving drugs, alcohol, criminal activities, or family violence, is more than you can “help” by talking to the parents. These are deep rooted problems and behaviors that are beyond your ability to “help.”
In addition, your attempts to “help” will make your attorney’s job more difficult and increase your legal fees.
It may make it difficult to get an injunction or extend protective orders, which may be necessary to keep the parents away from your family’s residence if they should become irate or vindictive against you, or if they should decide to come and take the child from you despite the court orders. And it undermines my ability to build a case for you against the parents.
If the parents are in the middle of a drug and alcohol treatment program, it could interfere with progress that is being made.
If the parents are incarcerated, it may be determined by the attorney appointed to represent the child, as being inappropriate action. Jail, an ad litem or amicus attorney may say, is no place for a child. Do not take the children to jail to see the parents.
Your actions could shortcut the conditions the court has imposed for the return of the children. It could have the result of subjecting the child to upsetting and confusing circumstances that a young child can not understand.
And it could have the result of giving an attorney retained for the parents the ammunition he or she needs to argue in court that the parents are not as dangerous to the child as we are arguing. The argument goes like this: “if the parents are so dangerous, unstable, and unsafe for the child, WHY are these people inviting the parents to spend time with the child?” It puts you in a very contradictory position, which is not a good thing to try to explain to a judge.
What you MUST do and what you SHOULD NOT do:
YOU ARE REQUIRED BY LAW TO GO TO FAMILY COURT SERVICES if the court orders you to do so. You may even be required to go to mediation with the parents. However, please remember, if you are represented by an attorney, YOU MUST COMMUNICATE WITH YOUR ATTORNEY AND FOLLOW YOUR ATTORNEY’S INSTRUCTIONS. You should never go to mediation without your attorney present – or in close touch by telephone.
Family Court Services is not representing your interest. They are not representing the child’s interest. They have not studied your particular case or facts, and are speaking in general terms only. They have standard policies which are the same for everyone, and often are not able to make allowances for different fact situations. They may not know for instance about family violence, drug use, or other actions by the parents which would create unsafe conditions for a child.
DO NOT ALLOW YOURSELF TO BE INFLUENCED OR PERSUADED BY FAMILY COURT SERVICES to “reconcile” with the parents, until you have spoken with your attorney. Do not under any circumstances contact the parents until you have spoken with your attorney to evaluate how this may affect your case.
And do not try to “help” the parents. Do not give them money. Do not negotiate with them. Do not tell them what your plans are or what the conditions are for them to obtain custody of their children. This is not your job; it is the job of the social workers, the attorney appointed to represent the children, and ultimately the Court. You are no longer in a decision making capacity, so do not make the mistake of telling the parents that you are, or acting as if you are. Stay in close communication with your lawyer and if you have any doubt about what actions to take- TALK TO YOUR ATTORNEY FIRST.
This is the fundamental difficulty of Family Court Services – they will encourage you to “help” the family and the parents and to work out an agreement with them. If you have hired an attorney, you must not do this. If you do, you will be throwing away your money, and sending your attorney into the boxing ring with his or her hands tied.
For more information about how to contact Family Court Services in Fort Worth, Texas
See: http://tcweb.tarrantcounty.com/eFamilyCourtSvc/site/default.asp
