Dallas Family Law Appeals Lawyer
Helping Texas Clients Triumph in Family Law Appeals Since 1996
When a trial court renders its final judgment regarding your divorce or other family law matter, it does not necessarily mean the issue is forever settled. If the final divorce decree or other judgment resulted from a significant legal error, you can take the matter to the Court of Appeals and possibly reverse the trial court's ruling.
The appeals process is instrumental in ensuring justice in Texas and the United States. At OWLawyers®, our dedicated attorneys focus primarily on legal disputes involving Texas family law, including family law appeals.
Common Types of Texas Family Law Appeals
At OWLawyers®, we can take the lead on appealable family law issues in Texas. From divorce cases to paternity matters, you can count on our team of skilled family law attorneys to deliver comprehensive legal advice and advocacy to support your interests before the Texas Court of Appeals.
Appealable Interlocutory Orders
An interlocutory order is one that a court issues while proceedings are ongoing. In general, interlocutory orders are not appealable. However, an order appointing a receiver is appealable. Further, courts may permit an appeal for an otherwise non-appealable interlocutory order.
Suits Affecting the Parent-Child Relationship (SAPCR)
SAPCR cases include child conservatorship, paternity, and adoption issues. Texas rules for civil appeals apply to final SAPCR orders. Importantly, filing an appeal does not maintain the effectiveness of a SAPCR order.
Accelerated Appeals
In Texas, certain family law proceedings are subject to procedures for accelerated appeals—namely, parental termination cases and child protection cases.
Modifications
Final modification orders are subject to appeal. However, temporary modification orders are considered non-appealable interlocutory orders.
FAQ : Dallas Family Law Appeals
What are the grounds for appealing a family law decision?
Grounds for appeal in family law cases typically include legal errors, such as misinterpretation of the law, procedural mistakes, or insufficient evidence to support the lower court's decision. An appeal is not a chance to present new evidence but to argue that the original decision was incorrect based on the existing record.
What is the process for filing a family law appeal in Dallas?
The process involves filing a notice of appeal with the court that issued the original decision, followed by preparing and submitting a written brief outlining the legal arguments for the appeal. The opposing party can respond, and oral arguments may be scheduled. The appellate court then reviews the case and issues a decision.
How long do I have to file an appeal in TX?
In Texas, you typically have 30 days from the date the final judgment is entered to file a notice of appeal. It's crucial to adhere to this timeline, as missing the deadline can forfeit your right to appeal.
What are the potential outcomes of a family law appeal?
The appellate court can affirm the original decision, reverse it, or remand the case back to the lower court for further proceedings. In some cases, the court may modify certain aspects of the decision. Each outcome depends on the specifics of the legal arguments presented.
How does an appeal differ from a trial?
An appeal is not a new trial. It is a review of the lower court's decision based on the existing record and legal arguments. No new evidence or testimony is presented, and the focus is on whether legal errors affected the outcome of the case.
How Can a Texas Appellate Attorney Help Me?
We can take the reins of your appeals case and handle the challenging legal proceedings and issues, such as:
- Appellate filings
- Preparing and drafting briefs for the appellee
- Preparing and drafting briefs for the appellant
- Developing and organizing a comprehensive record of appeal
- Preparing and conducting oral argument
- Preparing and filing petitions for review
Understanding Appellate Issues in Texas Family Law Practice
Each state has its laws governing family law issues. The Texas Family Code regulates family law disputes for Texas residents and their families. Therefore, Texas procedural rules also govern family law appeals cases.
In many appeals cases, the judge has failed to apply the procedural or substantive rules to your case. If such an error resulted in prejudice to the parties, the Texas Court of Appeals can reverse and remand for the trial court to correct.
Contact Our Dallas Family Law Appeals Attorney Today
If you are looking for a qualified Texas family law appeals attorney, you should reach out to OWLawyers® With over nine decades of collective legal experience, our legal team has what it takes to preserve your legal rights and your family's best interests.
Respected and renowned attorneys such as Michelle O'Neil and Michael Wysocki are leaders in the family law community in Dallas and throughout Texas. You can benefit from the effective legal counsel of a certified family law specialist certified by the Texas Board of Legal Specialization.
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