Some clients think they would like a jury to make the decisions in their family law trial. But jury trials are not always an option family law cases, and a judge will decide some of the contested issues anyway – jury or not. This is because the Texas Family Code limits the issues that a jury can and cannot decide.
A jury may decide the following:
· Whether a common-law marriage exists
· Fault in the breakup of the marriage
· Attorney’s fees
· Which parent will be appointed sole managing conservator, joint managing conservator, or possessory conservator
· Which joint managing conservator has the exclusive right to designate a child’s primary residence
· Termination of parental rights
· Whether property is separate property or community property
· The value of property
· Reimbursement claims
A jury may not decide the following issues:
· Visitation schedule
· Child support
· Parental rights and duties
· Division of community property
· Spousal maintenance
· Adoption
· Paternity
· Enforcement of a prior order
A family lawyer can help you decide if a jury trial is right – or even an option - for your case.