When I applied for a secretarial position in a law office in June of 1980, little did I know this would become my career and that my journey into Family Law had begun. Now sixteen years later, I am part of what is one of the most exciting professions in the United States. When I'm asked if I like what I do, I respond, "I can't imagine doing anything else."
Family Law touches us all in one way or another, whether it's marriage, divorce, parent-child suits, name changes, or even the Juvenile Justice Code, just to name a few. In this article, I will discuss various areas of family law in which I have worked as a legal assistant during the 80's and 90's and some changes I have witnessed.
One of the most significant Texas laws that came into being in the early part of my career (1980's) was grandparent access. At the time, I worked for an attorney who handled one of the first cases in the Panhandle concerning grandparent rights. Prior to the 1980's, grandparents did not have standing to file an original suit requesting visitation rights and were, therefore, at the mercy of the parents or the designated managing conservator. They were sometimes totally deprived of visitations with their grandchildren as a result of animosity between the parents. Now, however, Texas is among the leaders in bringing about reform in this area. Texas Family Code, § 153.43. The appointment of a managing or possessory conservator is no longer necessary before grandparents may seek court-ordered access to a grandchild. No longer is it necessary that the parents be divorced or that a suit affecting the children be pending before court-ordered grandparent access can be requested. I must add that there are many other aspects to the issue of grandparent access. For instance, grandparents cannot inject themselves into the lives of what one might consider a well-functioning family unit.
Another important change has occurred regarding visitation rights for the non-custodial parent. Back in the 1980's, it was common for the possessory conservator's (the non-custodial parent) court-ordered visitation to read like this: "at any and all reasonable times and places as the parties may mutually agree upon." If two parents could not agree on what those times and places were, (which is many times the case) the managing conservator (custodial parent) could deal a lot of misery to the possessory conservator by completely denying visitation rights to him. I used to wonder back then if any of our legislators ever had to abide by an order containing language like that. Because the visitation language was so vague and ambiguous, it was extremely difficult to enforce court orders by contempt. Parents had to continually file modifications to accommodate the changing needs of the children and/or the changing circumstances of the parents themselves. In an effort to standardize visitation orders throughout Texas, the Texas Supreme Court published visitation guidelines, and in 1989, the Texas legislature expanded and refined the guidelines into what we now know as the Standard Possession Order (Texas Family Code, § 153, Subchapter F). In 1993, the Texas legislature revised the Standard Possession Order to allow the possessory conservator the option of extending weekend visitation time so that the "visitation" begins when the child is dismissed from school and ends when school resumes again.
The Standard Possession Order actually provides visitation schedules for both the possessory conservator that lives within 100 miles of the children and the possessory conservator who lives over 100 miles from the child. Generally, the possessory conservator is entitled to the children on the first, third, and fifth weekends, alternate major holidays, an equal amount of time at Christmas, and at least 30 days during the summer. If the possessory conservator lives more than 100 miles away, the summer visitation is extended to 42 days, and every spring school break is added. Also included in the Standard Possession Order are specific times and places at which the children are to be picked up and returned. The specific and precise language of the Standard Possession Order is easier to enforce, and from the beginning of the parents' separation, all parties are made aware of the visitation requirements mandated by the state. From the human perspective, the Standard Possession Order goes a long way toward preventing children from losing contact with the non-custodial parent.
An area of Family Law which generates most of the controversy and animosity is child support, and a large part of the pleadings and court appearances of a Family Law attorney are necessitated by disagreements over child support. In the 80's child support was determined by evidence showing the needs of the children along with the ability of the parents to contribute support in the best interest of the children. Such a method made it difficult for an attorney to advise his client what his child support obligation would be or how much child support the client might expect to receive. To complicate matters, one of the parents might have children in more than one household or two or more child support orders in effect from multiple previous marriages. Then, Texas law did not permit involuntary seizure of wages or salary for any purpose.
In 1989, the Texas legislature established child support guidelines which provide a method to calculate child support based on the disposable income or net resources of the obligated parent and the number of children for which support is to be paid. Those guidelines state that if there is one child, the custodial parent can expect to receive 20% of the obligor's net income, 2 children 25%, 3 children 30%, 4 children 35%, 5 children 40%, and 6+ children not less than the amount for 5 children. In 1993, the Texas Family Code was amended to create guidelines for an obligor who has children in more than one household, or who is under two or more child support orders resulting from multiple marriages.
Today, we do have garnishments or orders of withholding that are sent to the obligor's employer, and every child support order must now include a wage withholding order, unless the parties agree to waive it or the court finds good cause not to issue it. Texas Family Code, § 158.103. Another component of child support now is the obligor's provision of health insurance coverage for the children. A separate order of withholding should also be prepared which provides for withholding the cost of the health insurance. With these new laws, the custodial parent does not have to beg the obligor from month to month for child support or health insurance benefits.
One thing that has not changed in Family Law is the kind of legal assistant it requires. I believe some legal assistants are "cut out" to work in family law and some are not. It is a very demanding, stressful, and at times emotionally-exhausting field of law. Liking people, and I mean really liking people is imperative, because a vital part of the job is dealing with distraught, hurting people on a one-to-one basis every day. Frequently, the legal assistant will have to emotionally and literally "hold their hands." The legal assistant will be depended upon to be the professional with a listening ear, a cool head, and more than a little human compassion tempered with common sense. I am amazed how many clients just need someone to listen. While all legal clients are involved in situations which concern serious, life-changing issues, those who find themselves needing the services of a Family Law practitioner are usually caught up in situations they never dreamed they would have to confront and are fighting to survive in crises which evoke very deep, emotional feelings. Many times, before a client ever walks into our office, he has been advised by a friend or co-worker who has been through a similar experience, and the client has formed some unrealistic expectations. Your ability to remember that what is everyday routine for you is personal catastrophe for your client will make a difference in the quality of your work and will go a long way toward winning your client's faith and trust.
Accurate and thorough document management is a must in a Family Law case. Few clients bring in their personal papers arranged in any sensible order. Many will have no idea how to even get their hands on any personal papers. The legal assistant must be resourceful and unrelenting in her investigation and pursuit of documents which can make a big difference in establishing the financial worth of a family business or trust and in determining the accurate value of property.
There is a frightening propensity for violence in Family Law. Again, the intensity of emotions can cause otherwise sane and rational individuals to step over the line of acceptable and tolerable behavior and become real threats to the safety of others. A legal assistant needs to know how to recognize the warning signals of such snaps in judgment and what precautions are proper in those circumstances. Many times the legal assistant is the first one and only one with whom the client frequently communicates. It can be disastrous when a legal assistant becomes lulled into inattention by the monotony and routine of many cases. He/she must always remember that every case is different, and every case represents a family in need. It is important for the legal assistant to take copious, detailed notes of all conversations with the client or with others concerning the client.
During the past sixteen years, I have had the privilege of working with attorneys who encouraged my pursuit of knowledge and experience. They not only patiently answered my questions, but also took the time to explain the "why" behind the answer. How fortunate and blessed I was to have those great mentors. Because of the knowledge I have gained from being allowed to work right down in the trenches with the attorneys, I am better able to communicate with our clients and help them understand the nuts and bolts of their cases. Many are too timid or intimidated by the attorney to ask him something that might make them look dumb. I make it my goal to never be too busy to talk to a client or to answer a client's questions. Often things they say to me during casual conversations turn out to be vitally important to their cases. I strive to use the same patience and respect with our clients that I have received from my mentors. The knowledge and experience I have gained helps me to assist the attorney in preparing for trial and most importantly, making the clients feel comfortable in their knowledge of their own case.
When asked why Family Law is my favorite area of law, it would have to be because of the people I meet and the wonderful feeling that comes from knowing I can help them by assisting the attorney to represent them. There is nothing more rewarding to me than to see a client come to our law office feeling low, depressed, and, in some cases, dependent upon someone else the majority of his/her life and to watch that person grow and become independent for the first time.
Many of the detailed changes in the Texas Family Code have made practice in Family Law easier by taking ambiguities and inconsistencies out of the law and taking the parties' vindictiveness and whim out of the equation. However, the basic value of a good legal assistant to a Family Law practice remains constant.
Charlotte R. Martin, CLA, is a legal assistant
in Borger, Texas. She earned her certification from NALA in 1994. Charlotte
has an Associate of Applied Science in Legal Assistant Technology from Frank
Phillips College. She has been employed by Law Office of Phil Black for
ten years and worked for Boren & Waggoner for one year. Charlotte is
a member of Texas Panhandle Association of Legal Assistants, Legal Assistants
Division of State Bar of Texas, and NALA. She has served as NALA Liaison
for TPALA for the last two years. Charlotte is the founder of the Legal
Assistant Degree Program at Frank Phillips College and has been an instructor
in the program for the past 5 years. Charlotte also serves on the Frank
Phillips College Advisory Committee.