Most parents expect a judge to decide a contested child custody case. Texas offers another possibility. Unlike other states, Texas allows a jury to decide certain major custody issues. This unusual option can change the cost, strategy and tone of a family law case.
What can a jury decide
Under the Texas family code, a party generally may demand a jury trial in a case involving the parent-child relationship. However, the law does not give jurors control over every custody question.
A jury can decide whether one parent or both parents will serve as managing conservators. When parents share that role, jurors can determine which parent will have the authority to establish where the child primarily lives. They can also decide whether to limit the area where the parent may establish the child’s main home and set the boundaries of that area. The judge generally cannot replace the jury’s decisions on these matters with different ones.
However, the judge still decides matters such as child support, specific possession or access terms and the rights and duties of conservators. Therefore, a jury trial does not place the entire parenting plan in the jury’s hands.
Why can a jury trial change the case?
A jury trial can require more preparation than a standard bench trial. Lawyers must prepare for jury selection, organize evidence for jurors and present complicated family facts in a clear way. These extra steps can increase attorney fees and other litigation costs.
A jury also brings more people into a deeply personal dispute. Parents may need to discuss private family conflicts, parenting choices and other sensitive facts before jurors. In addition, jury reactions can add uncertainty because several people will evaluate the evidence rather than one judge.
By contrast, a bench trial puts the disputed issues before the judge. This can make the trial process more focused, although difficult custody disputes can still require extensive evidence and preparation.
How can legal guidance help?
Choosing between a jury trial and a bench trial can affect both legal strategy and expense. The right approach depends on the disputed issues, available evidence and facts involving the child.
A family law attorney can explain which questions a Texas jury may decide and which remain with the judge. Legal guidance can also help a parent understand the likely demands of each trial format before making that choice.