Appeals

Understanding Family Law Appeals in Texas

An appeal in a family law case is a request for a higher court to review the trial court’s judgment for legal or procedural mistakes. It is not a new trial; the appellate court relies on the existing record and does not consider new evidence. The purpose is to determine whether the trial court misapplied the law, committed procedural errors, or abused its discretion. Appeals apply to a wide range of family law orders, including divorce decrees, child custody determinations, property division judgments, spousal maintenance awards, and enforcement or modification rulings.

In Texas, only final orders can generally be appealed. Section 109.002 of the Texas Family Code provides that any party may appeal from a final order, and appeals are treated like other civil cases under the Texas Rules of Appellate Procedure. Appeals involving termination of the parent–child relationship receive accelerated treatment and are given precedence over other civil cases. Importantly, filing an appeal does not automatically suspend the effect of the trial court’s order; the judgment remains in effect unless the trial court or appellate court orders otherwise. This means that child support, custody arrangements, and property divisions continue during the appellate process.

Grounds for Appeal

Not every unfavorable decision is eligible for appeal. Valid grounds typically fall into three categories:

• Legal errors – Mistakes in interpreting or applying statutes or precedent, such as misreading a provision of the Texas Family Code or giving incorrect jury instructions.
  
  
• Procedural errors – Errors in the conduct of the trial, like improperly admitting or excluding evidence, failing to follow procedural rules, or denying a party’s right to present witnesses.
  
  
• Abuse of discretion – Decisions that appear arbitrary, unreasonable, or unsupported by the evidence. Examples include imposing an inequitable property division or placing restrictions on a parent without sufficient justification.
  
  

The appellate court does not reweigh evidence; it examines the record to see whether the trial court had sufficient evidence to support its rulings and whether it correctly applied the law. Understanding the applicable standard of review is critical. Abuse of discretion is deferential to the trial court, making appeals challenging when this standard applies. Other issues may be reviewed under sufficiency-of-evidence standards or de novo review, which allows the appellate court to interpret the law anew.

Appealability and Jurisdiction

Only final judgments that resolve all claims and parties are typically appealable. Interlocutory orders, such as temporary custody orders or discovery rulings, usually cannot be appealed immediately. However, in extraordinary circumstances, parties may seek relief through a petition for mandamus, which asks a higher court to compel the trial court to act or refrain from acting when it has clearly abused its discretion. Mandamus relief is available when there is no adequate remedy by appeal and the error is clear, such as failing to enforce a mandatory statute or compelling discovery of privileged information.

Time Limits and Notice of Appeal

Appeals must be pursued quickly. In most Texas family law cases, a Notice of Appeal must be filed within 30 days after the trial court signs the final judgment. Filing a motion for new trial extends the deadline to 90 days. Even then, courts may grant only a short extension if you miss the deadline. Waiting months after a judgment may foreclose the right to appeal. Accordingly, clients should consult an appellate attorney promptly to determine whether to proceed. Early consultation also helps ensure the trial record is complete and that any reversible errors are preserved for appeal.

Steps in the Appeals Process

Appealing a family court decision involves multiple procedural steps:

1. Notice of Appeal – The appellant files a Notice of Appeal with the trial court, notifying the court and the opposing party of the intent to appeal. This simple document must be filed within the deadline. Failure to do so typically forfeits the right to appeal.
   
   
2. Record on Appeal – The appellant must assemble the record, which includes the reporter’s transcript of the trial, exhibits, pleadings, and any other documents filed in the trial court. This record forms the basis for appellate review and must accurately reflect all relevant proceedings; new evidence cannot be added later. If anything critical is missing, the appellant may need to supplement the record.
   
   
3. Appellate Briefs – After the record is filed, both parties submit written briefs. The appellant’s brief explains the alleged errors and argues why the judgment should be reversed or modified. The appellee’s brief responds, defending the trial court’s decision. Writing a persuasive brief requires legal research, clear analysis, and careful framing of issues.
   
   
4. Oral Argument – In some cases, the appellate court schedules oral argument. Attorneys appear before a panel of judges to answer questions and clarify points. Oral argument allows the judges to probe the reasoning of each side, though many appeals are decided solely on the briefs.
   
   
5. Appellate Decision – The appellate court issues a written opinion. It may affirm the trial court’s judgment (leaving it unchanged), reverse the judgment (overturning it), modify part of the judgment, or remand the case back to the trial court for further proceedings consistent with the opinion.
   
   

Standards of Review

The standard of review determines how much deference the appellate court gives to the trial court’s decision. Key standards in Texas family law include:

• Abuse of discretion – Applied in matters such as conservatorship decisions or property division. The appellate court upholds the trial court unless it acted arbitrarily or without reference to guiding principles. This is a highly deferential standard.
  
  
• Sufficiency of evidence – Used when examining whether the trial court had enough evidence to support its findings. The appellate court may reverse if the evidence would not lead reasonable people to the same conclusion.
  
  
• De novo review – The appellate court reviews legal questions or statutory interpretation without deference to the trial judge. Examples include questions about standing or application of legal rules. De novo review offers the highest chance of reversal.
  
  

Understanding which standard applies helps manage expectations and shape appellate strategy. A strong appellate brief addresses the standard directly, demonstrating why the trial court’s ruling cannot stand even under deferential review.

Potential Outcomes of an Appeal

Appeals courts can issue several types of rulings:

• Affirmation – The appellate court agrees with the trial court, leaving the judgment unchanged.
  
  
• Reversal – The appellate court determines the trial court made reversible error and overturns the judgment.
  
  
• Modification – The appellate court corrects part of the judgment while leaving the rest intact. For example, it might adjust a property division but maintain custody provisions.
  
  
• Remand – The appellate court sends the case back to the trial court for further proceedings consistent with its opinion. On remand, the trial court may conduct additional hearings to correct the error.
  
  

Costs, Timing and Strategic Considerations

Appeals can be expensive and take months or longer to resolve. They require significant attorney time for reviewing the record, researching the law, and drafting briefs. Because the trial court’s judgment remains in effect during the appeal, clients must decide whether the potential benefit outweighs the financial and emotional costs. Appeals may be worthwhile to correct a clear error with major consequences – such as losing primary custody or receiving an inequitable share of marital property – but may not be practical for minor issues. Additionally, sometimes other remedies like a motion for reconsideration or seeking modification may provide relief more quickly or at lower cost. An experienced appellate lawyer can help assess these factors and recommend the best course.

Our Approach to Family Law Appeals

At Hennan Culp, PLLC, we handle appeals with the same diligence and advocacy we apply in trial court. We begin by assessing whether an appeal is likely to succeed based on the standard of review and the strength of the trial record. If pursuing an appeal is appropriate, we file notices on time, coordinate with court reporters to obtain transcripts, and prepare comprehensive records. Our attorneys draft thoughtful briefs that focus on legal errors and explain how the court’s decision impacted the outcome. When oral argument is scheduled, we deliver clear and respectful presentations to the appellate judges. We also assist clients in defending against appeals by responding effectively to the appellant’s arguments and advocating for affirmation of the judgment. Throughout the process, we keep clients informed about progress, potential timelines, and costs, ensuring they are empowered to make decisions.

Taking the Next Step

If you believe the trial court made a mistake in your divorce, custody or property case, it is important to act quickly. Appeals are complex and time‑sensitive, and missing a deadline can forfeit your right to challenge an order. Contact our Austin family law firm to discuss your case with experienced appellate counsel. We will evaluate the merits of your appeal, explain the appellate process and timelines, and develop a strategy tailored to your goals. Our mission is to protect your rights and pursue justice for you and your family through informed and effective advocacy.

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