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  1. #1

    Default Order of Events for Motion for Judge to Confer with Child

    My question involves a child custody case from the State of: TX
    My question is in regards to the order of events for submitting a motion for the judge to confer with child.

    I am assuming (maybe incorrectly) that the order is
    1. Fill out the motion to confer and submit it via e-file to my case.
    2. Contact the court administrator to let them know I submitted it, then request a court date.
    3. Wait for the court administrator to respond to me with a court date and the completed form with the notice of hearing and a judges signature
    4. Once the judge signs the form, I resubmit it to e-serve.
    5. Take my child to court on the specified date.

    Am I supposed to go to the court and request the judge to sign the motion in person, or something else?

    Thank you in advance.

  2. #2
    Join Date
    Oct 2014
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    Default Re: Order of Events for Motion for Judge to Confer with Child

    Quote Quoting obsequiouslizard
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    Am I supposed to go to the court and request the judge to sign the motion in person, or something else?
    No, you don't go to the court and ask the judge to sign the motion on the spot. Here's what the Texas statute says:

    (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection.
    (b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship.
    (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child.
    (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict.
    (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview.
    (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. A record of the interview shall be part of the record in the case.

    Tex. Fam. Code Ann. 153.009. Note that if the child is at least age 12 then in at least some circumstances the court must interview the child in chambers if an application is made by any of the persons specified in the statute. Note, too, that it appears the application/motion may be made orally at the hearing or trial. If you submit the request in a written motion before the hearing or trial, you'd submit that like any other motion you file with the court. What is the best way to pursue this in any given case, though, is something that is going to be a matter of local practice — the judges of each court may have differing practices on this. If you are unsure what to do then I suggest you meet with a family law attorney for advice on it.

  3. #3

    Default Re: Order of Events for Motion for Judge to Confer with Child

    I didn't think I should go ask the judge in person, but that is why I am asking about the order of events. I contacted the court administrator and she simply suggested that I need to file the proper paperwork in order for the judge to confer with my child. My child is 15 years old so she does meet the criteria for interviewing.

    The Texas Statute does not tell me how to file, only how it is handled once it is filed. I also understand that it is filed like all other motions. The reason I am asking specifically about this one is that the form appears different from others as it has a "Notice of Hearing" that looks like it is filled out by the judge or clerk.

  4. #4
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    Oct 2014
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    Default Re: Order of Events for Motion for Judge to Confer with Child

    Quote Quoting obsequiouslizard
    View Post
    The reason I am asking specifically about this one is that the form appears different from others as it has a "Notice of Hearing" that looks like it is filled out by the judge or clerk.
    Which form are you looking at?

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