Dripping Springs Family Law Appeal Lawyer

Dripping Springs Family Law Appeal Attorney

Few things in your life can be as daunting and difficult to navigate as dealing with a familial legal issue. Attempting to solve a personal family matter through the courts can be too overwhelming to tackle on your own. It is vitally important that you do what you can to retain the services of an experienced Dripping Springs family law appeal lawyer in the event that your case does not go your way. You may be able to keep fighting.

How Does an Appeal Work?

An appeal is your attempt to convince the Texas Appeals Court that the decision made in your initial trial was made through an error in judgment, discretion, or legality. It is important to remember that an appeal is not a second trial. It could result in the original court decision being upheld, and it often does. An appeal is a review made by the appellate court that attempts to find any evidence of wrongdoing in your first trial.

If it is found that the result of your first trial was made due to an error of some sort, it does open the door to the possibility of a second trial or even a reversal of that decision by the appellate court. It is important to remember that in family law trials, the court’s top priority is always the safety and well-being of any children involved in your case. The same can be said for the appeals process. Still, with the help of an experienced family lawyer, you may be able to establish grounds for an appeal.

Establishing Grounds for an Appeal

It is important to note that not every family law case is going to have grounds for an appeal. An appeal is only possible if you can prove that the first court’s decision was made in error. The appellate court will go through your previous case to search for any errors or discrepancies that could be evidence of the lower court acting out of spite, bias, or unfair judgment. If evidence is presented that proves the lower court acted incorrectly, the appellate court will make a decision.

Since every family law case is unique with its own particular set of circumstances, it can be very difficult to tell whether or not your appeal will succeed. It all depends on whether you have grounds for an appeal. Here are some of the various reasons that an appellate court could consider grounds for an appeal:

• Abuse of Discretion: An abuse of discretion happens when the judge presiding over your case willfully exceeds their authority and makes unreasonable, arbitrary, or unlawful decisions regarding your case. You have the right to a fair trial. If you believe your trial was unfair because of a judge who overstepped, you may want to consider filing an appeal.
• Procedural Errors: Mistakes can be made, even in Texas family court. Unfortunately, those mistakes can result in severe consequences for your case and, as a result, possibly harm your family. If, during your appeal, it is discovered that an error in procedure was made during your case, your decision could be overturned.

FAQs

Q: Do I Need a Lawyer for an Appeal?

A: Technically, no, you do not need a lawyer to pursue an appeal in Texas family court. Everyone has the legal right to represent themselves in Texas court if they wish to do so. However, you will still be held to the same legal standards as a seasoned attorney, and some of those standards can be complex.

You may want to consider reaching out to an experienced family lawyer in Dripping Springs, TX who can give you advice on how to navigate your appeal. Having someone on your side who is skilled and knowledgeable can only help you.

Q: Can I Appeal a Divorce in Texas?

A: Yes, you have the opportunity to file an appeal for your divorce in Texas. If you believe the divorce settlement was unfair to you and you think you may have grounds for an appeal, you will have 30 days to file that appeal after your divorce is finalized. You submit a motion to appeal through the appellate court, provide a list of reasons for that appeal, and pursue said appeal with the help of a family lawyer.

Q: What Should Be Included in a Parenting Plan?

A: When you and your partner are negotiating child custody, you will also agree to a parenting plan. In that parenting plan is a list of how the two of you will co-parent your child. It is important to have a planned strategy before going into the divorce process. Consider including rules about speaking ill of either parent in front of the child, working out a pick-up schedule, and never forgetting that you are doing this for the betterment of your child.

Q: How Is Child Custody Determined in Texas?

A: When deciding on child custody, the judge presiding over your case will take many different factors into consideration. Ultimately, their main focus is building a reliable, consistent home for the child in question. If you and your spouse are unable to reach an agreement, it will fall to the court to do it for you. Factors like each parent’s willingness to be involved, each parent’s financial situation, the stability of each parent’s home, and the child’s wishes will all be considered.

Reach Out to a Family Lawyer Today

Losing out on your initial family trial can be infuriating and deflating, but it doesn’t have to be the end of your case. You always have at least a chance at an appeal, and an experienced family lawyer can help you develop your appeal. It will take considerable evidence and a convincing argument to sway the appellate court to accept your case. It is important to remember that while an appeal is not a second trial, it is still a chance at victory.

The legal team at Vaught Law Firm, P.C. can help you build your appeal, gather evidence, and make sure you are fully prepared for the appellate court. Contact us to schedule a consultation with a valued team member today.