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Texas Family Law Appeal Lawyer

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Family Law & Child Custody Appeals Lawyer in Texas

Child custody disputes are often heated and contentious, with many parents unable to reach an agreement on their own. In such cases, the courts step in to determine the rights and obligations regarding conservatorship and visitation, with a duty to weigh all relevant evidence and issue decisions that are in the best interest of the children involved. However, sometimes the court’s custody order may not reflect what is truly appropriate given the facts of the case.

If you find yourself unsatisfied with a courtā€™s decision, particularly in a child custody matter, the Texas family law appeal process can be a crucial step. While Texas law does allow for appeals in custody cases, these are rarely granted. Therefore, itā€™s essential to consult with an experienced child custody appeals attorney to discuss your options and understand what must be proven to obtain a reversal.

The Carlson Law Firm handles Family Law court appeals all over Texas.Ā 

At The Carlson Law Firm, we understand the emotional toll of child custody disputes and the importance of getting everything right during your family court trial to improve your chances on appeal. Our knowledgeable attorneys are here to help you navigate the complexities of appealing a judgment, ensuring you seek the best possible legal outcome under the circumstances.

Texas Family Court Appeals Process at a Glace

When facing a family court decision that feels unjust, the appeal process offers a path to seek a different outcome. The family court appeal process can be complex, but understanding the key steps can help you navigate it with confidence.

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Initiating the Appeal

The appeal process begins with filing a notice of appeal, typically within 30 days of the final court order. This notice informs both the court and the opposing party of your intent to appeal the decision. It's the critical first step to ensure your case is considered for review.

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Submitting Briefs and Evidence

After filing the notice, the appealing party must submit a brief that outlines the specific reasons for the appeal and argues why the lower courtā€™s decision should be reversed. Along with this brief, any transcripts and evidence from the original trial must be provided to support the appeal. However, no new evidence can be introduced at this stage.

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Court Review and Decision

Once the briefs are submitted, the non-moving party has the opportunity to file a response brief. The court then reviews all submitted materials, considers the arguments from both sides, and may hold oral arguments. After careful deliberation, the court will issue a decision to either grant or deny the appeal, potentially altering the original court order.

Family Court Appeals in Texas FAQs

A family court appeal is a legal process where a party asks a higher court to review and potentially overturn a lower courtā€™s decision in a family law case, such as divorce, child custody, or support orders.

Not all decisions can be appealed. In Texas, only final orders can be appealed, while temporary orders generally cannot. There must also be a legal basis for the appeal, such as errors in applying the law or procedural mistakes during the trial.

In Texas, you typically have 30 days from the date the final order is signed to file a notice of appeal. Failing to meet this deadline usually means losing the right to appeal.

No, new evidence cannot be introduced during an appeal. The appellate courtā€™s review is limited to the evidence and testimony presented in the original trial.

The appeal process can take several months to over a year, depending on the complexity of the case and the courtā€™s schedule.

The success of an appeal depends on the strength of the legal arguments and the specific circumstances of the case. Appeals are difficult to win because appellate courts often defer to the trial courtā€™s judgment unless there was a clear error.

If you win your appeal, the appellate court may reverse the lower courtā€™s decision, remand the case back to the trial court for further proceedings, or issue a new order.

Our Family Court Appeals Lawyers

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Steve Walden

Partner

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Cassandra Golder

Associate

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Cheryl Powell

Associate

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Roxanne Martin

Associate

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E. Alejandro Lopez

Associate

What are the Potential Outcomes of a Family Court Appeal?

Appealing a family court decision can be a complex and emotionally charged process. When you believe that the court made an error in your case, filing an appeal gives you the opportunity to have the decision reviewed by a higher court. However, the outcome of an appeal is not guaranteed, and itā€™s important to understand the possible results that can arise from the appellate process.

  • Affirmation of the Lower Court’s Decision: The appellate court may find that the original trial was conducted properly and that the decision was correct. In this case, the appeal is denied, and the original court order stands.
  • Reversal of the Decision: The appellate court may determine that there were significant legal or procedural errors in the trial, leading to a reversal of the lower court’s decision. This means the original order is overturned.
  • Remand for a New Trial: The appellate court may send the case back to the lower court with instructions to conduct a new trial or to address specific issues. This often occurs if the appellate court finds that certain legal errors need to be corrected or if more evidence needs to be considered.
  • Modification of the Judgment: The appellate court may modify the original judgment without ordering a new trial. This could involve changing specific terms of the custody, support, or visitation order based on the appealā€™s findings.
  • Dismissal of the Appeal: The appellate court may dismiss the appeal if it finds that the appeal was not filed correctly, lacks merit, or does not raise any substantial legal issues. In this case, the original court order remains in effect.
  • Partial Reversal or Remand: The appellate court might affirm part of the lower courtā€™s decision while reversing or remanding another part. For example, the court might uphold the custody arrangement but remand the case for reconsideration of child support.

The outcome of a family court appeal can vary significantly based on the specific circumstances of your case. While the appeal process offers a chance to rectify potential errors in the original trial, itā€™s crucial to be prepared for any result. Consulting with an experienced family law appeals attorney can help you navigate this challenging process and understand what to expect at each stage.

To Win a Family Court Appeal, Timing is Everything

The outcome of a family court appeal can vary significantly based on the specific circumstances of your case. While the appeal process offers a chance to rectify potential errors in the original trial, itā€™s crucial to be prepared for any result. Consulting with an experienced family law appeals attorney can help you navigate this challenging process and understand what to expect at each stage.

Filing Deadlines

The first and most important timing consideration is the deadline for filing your notice of appeal. In Texas, you generally have 30 days from the date the final court order is signed to file this notice. If you miss this deadline, you may lose your right to appeal altogether. Itā€™s essential to act quickly after receiving the courtā€™s decision, consulting with an attorney as soon as possible to ensure your notice of appeal is filed on time.

Preparation of the Appellate Brief

After filing the notice of appeal, there are additional time-sensitive steps to follow, such as preparing and submitting your appellate brief. This document must be meticulously prepared, as it presents the arguments and legal grounds for your appeal. Given the complexity of this task, itā€™s crucial to allocate sufficient time for thorough research, drafting, and revision. Delays in preparing your brief can compromise the quality of your arguments and diminish your chances of success.

Meeting all deadlines and allowing ample time for the preparation of your case are key factors that can make the difference between winning and losing your appeal. Working closely with an experienced attorney who understands the importance of timing can help ensure your appeal is handled efficiently and effectively.

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