Texas Family Law Appeal Process

Family Law & Child Custody Appeals Lawyer in Houston

It’s natural to be upset and overwhelmed when your child custody ruling goes in an unexpected direction. If you’re unsatisfied with the court’s decision, you may be able to appeal the ruling with the help of a Houston child custody appeals lawyer.

At Ramos Law Group, we understand the importance of getting everything right at your family court trial to improve your chances on appeal. Appealing a judgment in a child custody case is complex. You should not attempt to file an appeal without speaking to an experienced family law appeals attorney in our office first.

Grounds for Appeal in a Family or Custody Case

Should a procedural error occur at the trial court level (a district court or county court at law in some counties), then you have the ability to file an appeal. Should the court grant an appeal hearing, then you have the opportunity to have your case reheard. This does not mean the entire case is necessarily reheard. If a court made a procedural error in the division of property, for example, this does not mean the child support would be recalculated. Appeals can be very narrow in scope.

Any part of a family law case may be appealed. – This includes judicial decision about conservatorship, child support, rights and duties, possession and access, division of property, spousal support, etc.

There are a limited number of reasons an appellate court would grant an appeal. The most common reason for the court to grant appeal in family law cases is an abuse of discretion. Abuse of discretion occurs when a court or judge acted unreasonably or failed to follow the Texas Rules of Civil Procedure or Family Code.

Procedure for Appeal

Should a litigant have grounds for appeal, they must follow strict procedure to begin the appellate process. It is important to stress that the following steps are all time-sensitive in nature.

1. The grounds for appeal must have been preserved in the record. This means that a litigant or their attorney must request a copy of the record taken during trial and ensure that the proper objections were made to “preserve” it for appeal.

2. A notice of appeal must be filed within thirty days after the date of entry or when the divorce decree or order was filed with the court. This notice of appeal lets the court and the opposing party know that a litigant will be filing an appeal.

3. A brief must then be filed in a timely manner. The brief lays out the legal reasoning and arguments for the appeal. The brief must also include the trial transcript, as discussed above, and any other evidence or supporting documents.

This brief will need to be exhaustive in detail, and must clearly argue the legal theories to support the need for an appeal. An appeal should not be taken lightly. One must hire a licensed attorney capable of handling an appeal, as the nature of an appeal case is very different from the original family law matter. There are time constraints that one must be mindful of, and the laws relating to an appeal are very specific. An appeal is not a casual undertaking because someone is not happy with the general result of a family law case.

Even if all of the above is competently addressed, it can be exceedingly difficult to overturn a court’s ruling. The burden is on the litigant desiring the appeal, and that can be quite difficult to prove. The appellate court will review all the evidence, the trial record, and the appellant’s brief (and any response filed by the non-appealing party). The court will then decide if there is enough proof to show that the trial court abused its discretion in any manner. The parties are not allowed to put on new evidence or testimony; they may only argue about what happened before the trial court.

If the appellate court sides with the appellant, they may overturn the trial court’s ruling or send the matter back down for a new trial. The appeals process can take a long time. This is why it’s crucial to hire the best Houston child custody appeals lawyer

How an Attorney Can Help with the Child Custody Appeals Process in Texas

You must develop a solid legal strategy for an appeal. When you hire Ramos Law Group, we’ll help gather any documentation and evidence that supports your appeal. We can gather documentation of changed circumstances or other factors impacting your child’s best interests. We can also analyze the trial transcript for judicial errors.

The appeals process requires us to submit a written brief outlining arguments for why the ruling was wrong and an explanation of what evidence supports your appeal. You need a proficient and experienced child custody appeals attorney to draft a compelling brief highlighting your Texas law rights. Rest assured, we are adept at handling family law appeals. We will develop a tailored legal strategy to present your case to the appellate court.

It might be necessary to present oral arguments before the court. If you’re called before the court, you want an experienced Houston child custody appeals lawyer representing you. When you hire Ramos Law Group, we’ll be there every step of the way and effectively argue your case to the appellate court.

The appeals process can be emotionally taxing, especially considering what’s at stake. A lawyer providing guidance, support, and expertise can ease your stress and uncertainty.

Contact a Houston Child Custody Appeals Lawyer

The Ramos Law Group, PLLC is experienced in all aspects of the Texas appeals process. Our skilled attorneys excel in laying the groundwork for any potential appeal in any type of family law matter, including child custody appeals. We specialize in family law matters, and our founder is a Texas board-certified family law attorney. When you need help filing a family law appeal, you’re in good hands with Ramos Family Law. Please contact our office today to schedule an initial consultation.