A Law Firm Ready To Guide You Through The Family Law Appeals Process
It should go without saying that courts don’t always get things right. This can be especially problematic in family law cases, where a judge might be asked to make a decision about complex family dynamics based on limited information.
If you find yourself dissatisfied with a court’s decision, it may be possible to appeal it. An appeal is a formal request to a higher court to review the decision made by a lower court. Because appeals are both complex and time-sensitive, it is critical to work with a skilled attorney like ours at Ruiz & Associates, PLLC. Based in San Antonio, our firm has earned a reputation for providing effective and aggressive representation – both in and out of the courtroom – on behalf of clients.
What Can And Cannot Be Appealed In Texas?
In Texas, some but not all family law rulings can be appealed.
Typically, final decisions can be appealed, including those related to:
By contrast, temporary orders, like those for temporary spousal support or child custody arrangements during divorce proceedings, are usually not eligible for appeal.
Is There A Proper Legal Basis For Your Appeal?
When you file an appeal, you must have a legal basis to do so. This means you believe there has been a legal error in how the lower court interpreted or applied the law. For example, you might argue that:
- The court failed to consider all the relevant facts
- The judge misinterpreted family law statutes or previous case law
- The judge abused their discretion by making a decision that was not reasonable or based on the proper legal standards
It’s also important to understand that an appeal is not a re-trial of your case. The appellate court will not consider new evidence. Instead, it reviews the lower court’s proceedings to determine if legal errors occurred that could have affected the outcome of your case.
It’s Critical To Work With A Knowledgeable Appellate Attorney
Trial law and appellate law are two distinct skill sets, and many attorneys choose one or the other. There are some, however, like attorney George C. Ruiz, with considerable experience and success in both areas.
When you hire our firm, George Ruiz can help you understand your appellate options and discuss the potential risks involved. If an appeal isn’t the best way to go, he can discuss other options with you, such as petitioning to modify an existing order at a later date.
If you proceed with the appeal, he will ensure that all filing deadlines are other requirements are met. In some cases, a notice of appeal must be filed within just 30 days of the issuance of the original decree or order.
Learn More About Your Appellate Options By Speaking To An Attorney
Family law appeals are not possible or appropriate in all cases. However, if you believe that a mistake was made in your divorce or custody ruling, it may be worth discussing your options with an attorney.
Ruiz & Associates, PLLC, is based in San Antonio and serves clients throughout the surrounding areas of Texas. To request an initial consultation, just call 210-899-4853 or submit an online contact form.