Family Law Courts: Structure and Functionality

You may have heard friends or family talk about family court, but what is family court? What does it do? Family courts often deal with complicated issues between family members and their loved ones. As such, the range of issues this topic covers is vast, including divorce, child custody, and child welfare.

If you are dealing with one of the issues outlined in this article, contact an experienced family court attorney in your area. They can assist you in navigating the complex and often changing rules of family court.

What Is Family Court?

Family court is a court that typically handles the following court proceedings, often termed “domestic relations” or family law:

• Divorce or dissolution of marriage
• Annulment of marriage
• Child custody, including child support and parenting time issues
• Child welfare cases, such as child abuse or child neglect and dependency
• Domestic violence
• Adoptions
• Other juvenile court and juvenile cases, such as truancy and juvenile delinquency

Family Court Structure

Family court is structured with a family court judge. Usually, once a family unit has contact with one family court judge, that judge will be the family’s judge for all family court cases.

For instance, if two persons get divorced and need to return to court a few years later for something like child support enforcement, the judge who presided over the divorce will be the same for the enforcement case. The idea behind the family court system is that one judge handles all legal-related family matters to create consistency and continuity.

It makes sense as things like child custody can often be complex and have issues arise as family needs and dynamics change over the years. Parents who separate when their child is young must co-parent until their child is 18. It’s unrealistic to think they will always agree on how to handle things for their child during that time. Having the same judge helps as that judge will know the parties and history and be better equipped to make decisions.

Family court systems will have other court personnel, like a family court administrator, who may handle the court’s operations, such as management of the docket, caseloads for each judge, and case processing. Court staff may also include a court clerk and a judicial staff attorney.

Court operations and court management can be full-time jobs in busier areas and family courts with more than one division and judge.

Family Court Is a Trial Court

Family court is not an appellate court; it is a trial court process, which means that it is where litigants go to have their cases heard and adjudicated. The family court judge will have hearings where each side can call witnesses, introduce evidence, and then issue a ruling.

Hearings are specific to family-related matters like those listed above.
You won’t find anyone suing over a car wreck or failure to pay a debt. However, family court is still a court, and cases like divorce are still technically lawsuits. Thus, the rules of evidence for your state will apply.

This said, there may be resources available to assist litigants. Many services are generally found when dealing with child welfare, juvenile justice, or child custody cases. These resources may include:

• Education programs
• Mental health service providers
• Referrals for substance abuse help
• Alternative dispute resolution programs like family court mediation
• Other community services, such as domestic violence advocates

Rules of Evidence in Family Court

Rules of evidence can be complex, so it is always best to seek legal advice from an experienced attorney. However, in general, the following is a small sample of what can or cannot be used for evidence:

• Hearsay—saying what someone else told you
• Using accurate photocopies of a document
• Making sure the photograph you’re using was taken by you or making sure the print-off of text messages is the entire conversation between you and the other party

Can You Appeal a Family Court Ruling?

The short answer is yes, you can appeal. Depending on how your state’s justice system is set up, after a family court judge makes a ruling, as long as it is a final ruling, you can appeal to the next court level. Sometimes, there is a family division of a district court, so you appeal to the circuit court.

Since each state’s legal system is slightly different, the court to which you appeal may be called something other than an appeals court. So, if you are unhappy with the decision made by the family court judge, you can appeal your case if you meet the necessary criteria.

The family court system is a complex legal system. It can be very intricate and intimidating. It is also the court system that most people will have to navigate at some point in their lives. If you find yourself navigating the complex world of family law cases, speak with an experienced family law attorney.