Steps Involved in a Family Court Case

Family court convened to decide matters and make orders in relation to family law, such as custody of children, divorce, adoption, estate planning, conservatorship and more. Any issues dealing with family matters and domestic relations will fall under the family court system. While family law is a specific sector of our legal system, it is also one that carries a lot of weight and emotion along with it. It is important to ensure you know all steps involved in a case in family court before you find yourself before a judge.

The Beginning Phase of a Case


Opening a case is the first step in a family court hearing. One person, known as the “Plaintiff” will file legal paperwork to start the court action, or the “complaint.” Once the case has been filed the other party will be served. The other person in the matter is known as the “Defendant.” The defendant is required to file paperwork to answer the complaint made by the plaintiff. The paperwork filed by the defendant at this point is known as the “answer and counterclaim.” In most family court cases; the judge will set the hearing within 90 days of the defendant filing their answer and counterclaim. At this point the parties will appear in court to discuss the issues.

Let’s Resolve This

Family court judges encourage the parties to resolve their legal issues outside of court whenever it is possible. Obviously, this is not always a plausible outcome, but it is heavily encouraged. Judges may refer the involved parties to a mediation service to assist in trying to resolve their issues. In other cases, some judges will recommend a settlement service to try and settle issues with the help of a neutral person. These steps are not always completed quickly and often the judge will issue temporary orders to guide the process. A period known as “discovery” also can occur and this allows both sides to exchange information and really see how strong a case the other side may have.

Time for Court

If the parties cannot reach a full agreement on their issues, the judge will set a trial date where they will make the decisions for both parties. Trial proceedings are depicted quite often in the media, leaving many with a decent idea on how the proceedings operate. There are typically witnesses, evidence and a decision from the judge.

What’s Next?

There’s always a chance that your court case will not go the way you’d like. After the judge’s decision, one or both parties can appeal. In addition, as circumstances may change in the future, occasionally some judge’s decisions will need to be updated. If anyone wants to see changes in their orders, they must file a motion for the judge to consider new orders.

Having an attorney and law firm that you are working with that is well versed in the court system and well connected would be big advantage in your pursuit.