There are multiple facets to any Texas family law matter as parties seek to protect their own rights and further the interests of loved ones. As such, when disputes must be resolved through court action, you can expect that one or more individuals will not obtain the desired outcome once the legal process runs its course. At times, the end result could be due to a legal or procedural error, which may provide a party with the option to appeal the court’s finding. The appellate process is available in divorce cases when the judge’s order affects property division, spousal support, or issues related to minor children. However, you can appeal any kind of family law case, including guardianships, conservatorships, termination of parental rights, paternity, and many other matters, if there is a procedural or legal basis.
Because the appellate process is complex and the grounds to appeal are extremely narrow, it is wise to retain experienced counsel for legal help. At The Ramos Law Group, PLLC, our team has a specific focus in the area of family law appeals, so we are ready to provide the assistance you need. For more information, please contact our office to schedule a consultation with an appeals lawyer in The Woodlands. You can also read on for an overview of the basics.
Legal Basis for Appealing a Family Law Decision: The basic premise of an appeal is that the trial court made some procedural or legal error that had a negative impact on the result of the trial. In family law cases, the most common argument is an abuse of discretion. Judges have some leeway in interpreting the Texas Rules of Civil Procedure or Family Code, but they could err by issuing an unreasonable, arbitrary decision or one which contravenes the laws.
You may have grounds to appeal a decision in many types of family law matters, such as:
- Divorce cases, where the court made a mistake regarding asset division or spousal support;
- Cases involving custody, visitation, and support for minor children, either in divorce or associated with a paternity action;
- Guardianship and custodianship cases;
- Petitions to modify spousal support or child support;
- Termination of parental rights;
- Protective orders; and,
- Many others.
Overview of the Appellate Process: If you do believe you have grounds for appeal, you must comply with strict rules regarding the appellate process. The proceedings are very different from a trial on a family law issue, and there are specific deadlines with which you must comply. Our lawyers at The Ramos Law Group, PLLC will handle the necessary legal tasks, but there are some points you should note with respect to the process:
- The basis for an appeal must be raised during the trial process to “preserve” the issue. When you hear one attorney object to some aspect of the proceedings, this act sets the stage for an appeal. You would argue that the judge’s ruling on the objection was an abuse of discretion.
- To initiate the appeals process, you must file a Notice of Appeal within 30 days after the order was entered.
The next step is filing a brief that details the legal reasoning and arguments forming the basis for the appeal. The brief must include excerpts from the trial court record where you allege the error occurred, along with other supporting documents where appropriate. - The other party to the appeal will have the opportunity to file a brief in response to the paperwork you submit, making counterarguments as to why the order of the trial court should remain effective.
Limitations in Texas Family Law Appeals: The most important point to understand in the appellate process is that you are not engaging in a “do-over” of the trial. You will not present exhibits or testimony; the appellate judges are limited to reviewing the trial court record and your briefs. If the appeals court agrees with your position, there are a few ways the judges may handle your case. For example:
- They may overturn the lower court’s ruling with no further proceedings.
- The judges may find an abuse of discretion that sends your case back to trial on the issue that was subject to appeal.
- The appellate court may require the trial judge to consider evidence that was previously tossed or allow a witness to testify after being excluded.
Get Legal Help From A Texas Appeals Attorney
If you were a party to a family law court case and want to know about your rights to appeal, please contact The Ramos Law Group, PLLC. The appellate process is highly complicated, but our experienced lawyers are prepared for the challenges. To learn how we can help with your case, please contact our office to set up a consultation with a member of our team.