appealing a child custody case in texas

WHAT DOES IT MEAN TO APPEAL A CHILD CUSTODY CASE in texas?

A child custody appeal is when one party requests the Texas Appeals Court conduct a review of a decision that a lower court (i.e. Family Court) has made on a case because they believe the lower court made a legal error.

Child Custody cases are complicated. Sometimes judges make decisions that both parties don't agree with. Appealing a child custody case is not a "do-over" for your trial, it is an option to correct a legal error made by the lower court.

WHAT DOES THE APPEAL PROCESS LOOK LIKE IN A CHILD CUSTODY CASE?

Just like the standard appeal process, appealing a child custody case can be complicated and time extensive. If you need to file an appeal, its most likely best to work with an experienced child custody attorney.

Your attorney will file a notice of appeal with the trial clerk within 30 days of the decision. Your appeal attorney will also need to file a docketing statement with the appellate court. Then, the trial court clerk and reporter prepare and send the case record to the appellate court.

Within 30 days of the appellate court receiving the record, the attorney files the appellant brief and other documents. The appellant brief argues why the family court decision was incorrect. The other side will then have 30 days to file an opposition brief. Then, they have an additional 20 days to reply.

You or the attorney are able to ask for an oral argument in front of the appellate court as well. Bob Leonard is an expert appeal lawyer and he specializes in oral arguments with in court. However, the court can sometimes decide your case without an oral argument. 

what are the grounds for appeal in a child custody case?

Texas higher courts employ an "abuse-of-discretion" standard when evaluating whether a custody order should be modified on appeal. In most child custody cases in Texas, an appellate court will find a trial court to have abused its discretion when it acts arbitrarily, unreasonably, or without reference to guiding principles or rules. The failure to appropriately analyze or apply the law may also be considered an abuse of discretion.

According to this standard, the court must review the factual and legal sufficiency of the evidence. It must be able to find a legal error made by the lower court to rule in favor of the appealing party.

The appellate court will then issue a decision. It can decide to uphold the trial court’s decision, reverse it, or send it back for a new trial or other proceedings. Some people will say an appellate court often upholds a judge’s original decision on a custody case. However, we know each case is unique and it depends on the individual circumstances of the case.

Like we said, appealing a child custody case in Texas is complicated. Our expert Family and Appeal Lawyer, Bob Leonard is here to examine your individual case and discuss the best option for your child custody appeal case.

Call us or message us today!