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Divorce and family law matters can be complex, contentious, and stressful. They can be even more emotionally charged and complicated when a litigant disagrees with the outcome of their case. However, a final judgment doesn’t always mean the issue has ultimately been resolved. If a procedural error occurred at the trial court level, a party in a family court matter may have the option to file an appeal.
An appeal is a request made to a higher court to modify or reverse a judgment entered by a lower court. In order to seek an appeal, the issue must have been preserved at the trial court level by timely raising an objection that was overruled. The party requesting the appeal is referred to as the appellant. The appellee is the party against whom the appeal was taken.
An appeal cannot be filed simply because you don’t like the results of your case. Since the law favors finality when a judgment is issued, there are only a limited number of grounds upon which a family court appeal can be based. Specifically, you must be able to establish that the judge abused their discretion, did not apply the law correctly, or failed to follow the Texas Rules of Civil Procedure. If the request is granted, only that narrow issue will be reheard on appeal — the appellate procedure is not meant to be used to relitigate a case.
Appeals can be filed in connection with the following divorce and family court matters:
Importantly, to prove a judge abused their discretion for the purposes of an appeal, it must be shown that they acted unreasonably, arbitrarily, or without any reference to the applicable rules and legal principles. The appellate court will not find that the trial court abused its discretion when there was adequate evidence upon which its discretion was exercised.
To start the appeal process, the party requesting the appeal must file a Notice of Appeal with the court. They must also serve the opposing party with notice of the appeal. Next, the moving party must submit a brief which outlines the grounds for the appeal. The brief must also specify the reasons the trial court’s decision should be reversed and include transcripts to support the argument. Importantly, new evidence cannot be introduced on appeal.
The opposing side will also have the opportunity to file a brief and argue why the lower court’s decision should be upheld. Based on the briefs and supporting evidence, the court will consider the positions of the parties and decide whether to hear oral arguments. Notably, oral arguments are not automatic and must be requested on the front cover of the moving party’s brief.
There are strict rules regarding the formatting and the content for the briefs submitted by the parties. Stringent deadlines are also in place to perfect the brief. If additional time is needed, a motion to extend can be filed. Additionally, it’s important to be aware that you only have 30 days to file an appeal on a decision rendered in a Texas family court case — the time period begins running from the date the order is entered.
In some cases, an appeal may not be warranted — or you may be outside the statutory time frame to file one. However, an appeal isn’t always the only option to change some aspect of the outcome of your case. Depending on the issue and the facts of your case, you may be able to seek a modification. When you request a modification, you are asking the court to change an order based on a material and substantial change in circumstances, rather than an error.
Modifications are very common in child support cases. You must wait three years before filing for a child support modification. A court will typically only grant a modification for child support in situations where the noncustodial parent’s income has decreased or increased significantly, or the children’s living arrangements have changed. A court might also modify the original order if the medical coverage for the children changed, or the noncustodial parent becomes responsible for additional children.
Custody and visitation orders may also be modified. Unless specific legal requirements are met, the party seeking the modification must usually wait one year before requesting it. Some common reasons a court will modify a custody order include relocation, a parent’s illness that prevents them from being able to care for the child, job loss, or addiction issues.
Navigating the family law appeal process is complex. If you believe a judge abused their discretion in your divorce or family court matter, it’s essential to consult with a knowledgeable attorney who handles appeals. Stacey Valdez is a board-certified Houston divorce attorney who provides committed counsel for a broad scope of matrimonial and family law matters, including appeals. Schedule a consultation with Stacey Valdez & Associates by contacting us online or calling (713) 294-7072.
Stacey Holley Valdez Attorney Stacey Holley Valdez is among the one percent of attorneys in Texas to have achieved Board Certification in the practice area of family law. This certification is awarded to only those attorneys who demonstrate significant experience in family law, the highest ethical principles, and a comm… Read More 
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