Texas Family Law Appeals Lawyer

Texas Family Law Appeals Attorney

Family law can be complicated, overwhelming, and frustrating. Solving a family matter through the courts can be painful and often leaves emotional wounds that can be difficult to fully heal from. The court must consider the well-being of any children involved above all else, which can complicate things further. If your case doesn’t go the way you expect, you may be able to appeal with the help of a Texas family law appeals lawyer.

What Is an Appeal?

It is important to note that an appeal is not a second trial. It is simply the Texas Appeals Court reviewing the decision made by a lower court in the event that the lower court made an error in legality, judgment, or discretion. An appeal is a focused attempt to rectify any mistakes that the lower court made in regard to your case, and it could result in a change in judgment for you. It won’t always result in a change, but the possibility exists.

When deciding on a family matter such as divorce, child custody, or adoption, the court is always expected to prioritize the well-being and safety of any children involved in the case. This includes the appeals process. An experienced family lawyer can help you understand what your options are and keep you informed of your appeal’s chances.

Grounds for Appeal

Not every family law case is going to be open to appeal. In Texas courts, when considering an appeal for a family law case, the appellate court will look through the record of your case to find any discrepancies or evidence that the lower court acted rashly, illegally, or unfairly. If it is established that the court failed to act in a lawfully reasonable manner, the appellate court will make its decision. They can uphold the original decision, reverse that decision, or send it back for a new trial.

Each case is unique, with its own set of circumstances that could influence the appellate court’s decision. Here are some of the common grounds for an appellate court to reconsider a decision:

• Abuse of Discretion: An appellate court can reverse a court’s decision based on an abuse of discretion. An abuse of discretion occurs when a judge exceeds their authority and makes unreasonable, unlawful, or arbitrary decisions about your case. You are guaranteed a fair trial, and if you believe your trial was unfair due to a misguided judge, you should consider an appeal.
• Constitutional Violations: If, at any point during your initial trial, you believe your constitutional rights were violated in any way, you should consider an appeal. If evidence is found that your rights were indeed violated, it could cause the court decision to be thrown out or even overturned.
• Procedural Errors: Everybody makes mistakes, including family courts. In these cases, however, mistakes can derail your case and disrupt your family unit. If you seek an appeal and the appellate court finds evidence that proper procedure was not followed, they could find that your initial ruling was unfair.
• Prejudice: It is entirely possible that your judge’s prejudice or bias may have played a hand in your unfavorable ruling. If you can present evidence of this bias before the appellate court, you may be able to get your decision overturned or even get a new trial.

FAQs

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

A: In Texas, you can appeal a family court decision by filing a notice of appeal with the court within 30 days of the initial court’s decision. Your family law attorney can help you prepare your appeal, gather the correct paperwork, and make sure it is filed before the deadline lapses. An appeal can be a complicated process, and your lawyer can fully prepare you for everything, such as oral arguments, various paperwork, and a valid reason for your appeal.

Q: What Are the Grounds for a Family Court Appeal in Texas?

A: The grounds for a family court appeal in Texas can vary from case to case. It depends largely on whether or not you and your case were treated fairly and without bias throughout the trial. If you are able to prove that you were treated unfairly and the judge’s decisions were arbitrary, unreasonable, and failed to adhere properly to the law, you may have solid grounds for an appeal. If your appeal is successful, you may be able to get a new trial.

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

A: You have 30 days from the day of the initial court decision to file an appeal in Texas. Your Texas family law appeals lawyer can prepare you for that appeal by describing exactly why you believe your case deserves a re-evaluation using evidence, a transcript of the trial, and anything else you may have that supports your claim. An appeal is not a guarantee that your initial court decision will be reversed, thrown out, or even reconsidered. It is only an attempt.

Q: Can You Appeal a Custody Decision in Texas?

A: Yes, you absolutely can appeal a custody decision in Texas. However, it is fairly uncommon in Texas for an appeals court to overturn the initial court decision. You will need to supply overwhelming evidence to the appellate court that your first trial was unfair or that a substantial legal error was made against you to be successful at winning your appeal. Your family law attorney can help you find grounds for an appeal.

Reach Out to a Family Law Attorney Today

It can be discouraging not to get the court decision you were hoping for, but an appeal can help you continue fighting. An appeal does not guarantee a complete turnaround on your court decision. It will take a great deal of evidence that your first trial was done incorrectly or unreasonably, and a skilled family law appeals lawyer can help you build your appeal based on the evidence that proves just that.

At Vaught Law Firm, P.C., we know the kind of legal assistance you need during this trying time. We can help you establish grounds for an appeal, find evidence of wrongdoing, and protect your interests throughout. Contact us to schedule a consultation as soon as you can.