In Texas custody cases, both a Parenting Facilitator and a Parenting Coordinator serve as neutral third parties to help parents manage disputes regarding their parenting responsibilities. While their roles are similar, there are key differences in their scope and authority. Here’s a breakdown of what each role entails according to Texas law.
Roles of a Parenting Coordinator in Texas Custody Cases
A Parenting Coordinator is appointed by the court to assist parents in resolving disputes related to their parenting agreement. However, their role is more advisory and less formal than a facilitator’s. Key functions of a parenting coordinator include:
- Improving Communication: Coordinators help parents enhance their communication to reduce conflict. This can be through joint meetings or by the coordinator being included in communications.
- Conflict Resolution: They informally mediate conflicts about parenting schedules, visitation, and day-to-day decisions regarding the child.
- Providing Guidance: Coordinators offer co-parenting advice, focusing on the child’s best interests.
- Non-Testifying Role: A significant distinction is that coordinators cannot testify in court or make formal recommendations about custody matters. They are there to aid communication and ensure the parenting agreement is followed.
- Limited Scope: Parenting coordinators typically handle specific issues, such as communication or decision-making on minor matters, rather than broad oversight of the case.
Roles of a Parenting Facilitator in Texas Custody Cases
A Parenting Facilitator has broader authority than a coordinator and plays a more active role in resolving disputes. Key responsibilities include:
- Active Dispute Resolution: Facilitators assist with resolving more complex issues, including major parenting decisions and co-parenting conflicts.
- Monitoring and Reporting: Facilitators can monitor compliance with the court’s custody orders and report any ongoing issues to the court.
- Authority to Testify: Unlike coordinators, facilitators can testify in court about parental behavior and compliance with court orders.
- Making Recommendations: Facilitators may make recommendations on parenting practices, schedules, and what’s in the best interests of the child.
- Education and Training: They may also provide education on co-parenting strategies and how to manage conflict effectively, focusing on minimizing the impact on the children.
- Broader Involvement: Facilitators tend to be more involved in the case due to their ability to testify and report to the court, often overseeing a wider range of parenting issues.
Requirements to Be Appointed a Parenting Coordinator or Facilitator
Both coordinators and facilitators must meet specific qualifications to be appointed by the court. These qualifications ensure they have the expertise needed to handle complex family dynamics, especially in high-conflict custody cases.
Parenting Coordinator Requirements:
- Bachelor’s Degree in counseling, education, family studies, psychology, or social work.
- Graduate Degree in a mental health profession with a focus on family issues.
- Licensed Attorney in good standing within Texas.
- Training in family violence, dispute resolution, and other family law-related issues.
Parenting Facilitator Requirements:
- Similar to coordinators, facilitators must have a bachelor’s or graduate degree in a relevant field, or be a licensed attorney in Texas.
- Facilitators must also be licensed or certified in their profession, such as mental health or law.
- They must complete additional specialized training in family violence, alternative dispute resolution, and the laws governing parenting coordination and facilitation.
- Experience with high-conflict cases is critical, as facilitators often work in contentious custody disputes where communication and cooperation are particularly challenging.
- Facilitators must maintain good standing and follow a code of ethics in their profession.
Key Differences Between a Parenting Coordinator and Parenting Facilitator
- Testimony: Facilitators can testify in court; coordinators cannot.
- Reporting: Facilitators may report to the court on parental behavior and compliance, while coordinators cannot.
- Level of Authority: Facilitators have more authority to intervene in disputes and make recommendations on a wider range of issues.
Why Courts Appoint Parenting Coordinators or Facilitators
In cases of high conflict between parents, courts may appoint a coordinator or facilitator to help reduce disputes that negatively impact the child. These professionals can help ease tensions and promote cooperative parenting, reducing the need for court involvement.
- Coordinators primarily focus on improving communication and resolving minor issues.
- Facilitators take a more active role, monitoring compliance and providing feedback to the court.
The Court’s Role in Parenting Facilitator and Coordinator Cases
While facilitators and coordinators assist in managing parenting disputes, the court maintains control over critical decisions like custody and child support. Facilitators and coordinators help enforce court orders but do not have the authority to change them. Any modifications to the custody arrangement still require judicial approval.
What to Expect at Meetings
Meetings with a parenting facilitator or coordinator are typically informal. This flexible setting allows for open communication, with the goal of resolving conflicts and improving co-parenting without adversarial court involvement. Being prepared and open to suggestions can make these meetings more productive.
Limitations on the Authority of Parenting Facilitators and Coordinators
One significant limitation is that neither the facilitator nor the coordinator can modify court orders. They operate within the existing legal framework and do not have the power to change custody arrangements or child support.
Conclusion
Parenting facilitators and coordinators play a crucial role in high-conflict custody cases by helping parents navigate the emotional complexities of co-parenting. While they provide valuable oversight and assistance in enforcing court orders, they cannot modify legal decisions. If you believe your custody matter could benefit from a court-appointed facilitator or coordinator, consult with an experienced family law attorney to determine the best approach for your situation.