How Do I Appeal a Family Court Decision in Texas?

The decisions made by the family court about matters like divorce, child custody, and property division can have a big effect on your life. You may be wondering, “How do I appeal a family court decision in Texas?” When things go wrong in family court in Texas, you can appeal the ruling. However, the process can be a little difficult.

What Does It Mean to Make an Appeal?

An appeal is not the same as a new trial. If you want to challenge a family court decision, you ask a higher court, called the appellate court, to look over what happened in the first case to see if the trial court made any mistakes. The appeals court is not going to look at or hear new proof or testimony. Instead, it will look at the record from the first trial and decide if the law was followed properly. If you might have grounds for an appeal, there are a few steps you can take.

Figure Out If You Have Grounds for an Appeal

It’s important to check if you have good legal reasons before you rush to file an appeal. A person can’t just file an appeal because they didn’t like the result. You have to show that the trial court erred in how it interpreted or applied the law or that there were mistakes in handling the case that changed the outcome. Some common reasons to file an appeal are:

• Mistakes in the law: If, during your case, the court misapplied Texas family law, you might be able to appeal.
• Procedure mistakes: This could include admitting evidence that shouldn’t have been or not following the right steps in the legal process.
• Judicial error: Judges have a lot of freedom in family law cases. However, if you think their choice was made without a good reason, you might be able to appeal it.

Send an Appeal Notice

Once you’ve chosen to appeal, the first thing you need to do is file a Notice of Appeal with the court that made the original decision. In this document, you tell the court and the other party that you are going to appeal the ruling. You have a certain amount of time to file this notice, which is usually soon after the final ruling. Do not wait too long; if you don’t meet the deadline, you might lose your chance to appeal.

Receive the Trial Record

The next step is to get a copy of the hearing record after you’ve filed the Notice of Appeal. From transcripts to evidence and any written decisions, this is the official record of everything that happened in the original court case. This record will be used by the appeal court to look over your case. It is important to make sure that the trial record is full and shows exactly what happened during your trial, as new evidence cannot be used during the appeal.

Submit the Brief

Writing your brief is one of the most important parts of the appeal process. Here is where you make your case, telling the appeals court why you think the trial court erred and why the original decision should be thrown out or changed. The other side will also send in a brief supporting the trial court’s decision.

Wait for the Decision

The appellate court may sometimes set a time for formal arguments. Here, both sides have the chance to present their cases in person to a group of judges. However, not all appeals need oral arguments. Sometimes, the court may only look at the written papers and make a decision.

Once the appellate court has all the information it needs, it will make its decision. A ruling by the judges will only be made after they have carefully looked over the trial record and the legal reasons for the appeal.

The court will either affirm the trial court’s decision, reverse the decision (which means the decision is overturned), modify the decision, or remand the case (which means the case is sent back to the trial court for more hearings).

What If I Lose the Appeal?

It’s not always the end of the process if the appeal court rules against you. You could present your case to a court with even more power, like the Texas Supreme Court. That being said, this doesn’t happen very often; most cases are settled at the appeals level. Before you decide what to do about further appeals, you should carefully consider your choices and talk to your lawyer.

FAQs

Q: How Long Do I Have to Appeal a Family Court Decision in Texas?

A: Usually, in Texas, your window to appeal following a family court ruling is relatively small. Normally, 30 days from the date when the last decision is signed determines the deadline. Still, some post-judgment gestures can stretch this period. It is most advantageous to act fast since missing the deadline could mean losing your right to appeal.

Q: What Are the Grounds for an Appeal in Texas?

A: In Texas family law, grounds for an appeal include legal mistakes, procedural errors, or abuse of discretion by the trial court. Legal errors can involve the wrong application or interpretation of Texas family laws, whilst procedural errors can include incorrectly allowed evidence. Abuse of discretion happens when a judge makes a decision that appears illogical or arbitrary based on the information offered.

Q: What Is a Motion to Reconsider in Texas Family Law?

A: A motion to reconsider in Texas family law is a request that the trial court reevaluate and possibly amend a previous decision. This motion is often filed following a decision but before an appeal is filed. The party requesting reconsideration must demonstrate a legal error or submit fresh evidence that could change the outcome of the case.

Q: How Do You Perfect an Appeal in Texas?

A: To perfect an appeal in Texas, you must first file a notice of appeal with the trial court within the specified timeframe. Next, you create the appellate record, which includes transcripts and evidence from the initial trial. Following that, you will submit briefs describing your legal grounds for the appeal. The appeal court will analyze the record and legal papers before making a final ruling.

Contact Vaught Law Firm, P.C., Today

Filing an appeal can be challenging, but Vaught Law Firm, P.C., can help you through the process. Contact us today to get started.