Family-law cases are often contentious, and parties will frequently disagree on how the courts should resolve key issues of their case. While the courts aim to rule prudently, they are not immune from making mistakes, and an improper ruling may be grounds for pursuing an appeal. If you believe a court ruled incorrectly in your family-law case, it is advisable to contact an attorney to discuss whether you may be able to pursue an appeal. At McClure Law Group, our knowledgeable Dallas family-law attorneys are adept at navigating the complexities of family-law appeals, and if we represent you, we will fight to help you seek the best legal result possible under the facts of your case.Grounds for Seeking Family-Law Appeals
Judges in family-law matters generally must comply with statutory rules and guidelines but have a certain amount of leeway when deciding disputed issues in family-law matters. As such, a party seeking an appeal in a family-law matter typically must demonstrate the judge abused their discretion in issuing the order in question. In other words, the appealing party has to prove that the judge ruled arbitrarily, unreasonably, or without referring to the guiding rules or principles. If a judge inaccurately applied the law or failed to consider relevant facts, it may be considered an abuse of discretion, as well. An appellate court will not find that a trial court judge abused their discretion simply because the appellate court may have ruled differently, though; instead, the appellate court will uphold a ruling that is supported by significant material evidence. Therefore, challenging a Texas family-law order can be difficult, and it can be beneficial to have the assistance of adept appellate attorneys on your side.
In Texas family-law courts, the argument that the evidence the trial judge relied on is not factually or legally sufficient is not, standing alone, grounds for overruling an order. It may be evaluated in determining whether the judge abused their discretion, however. When assessing the sufficiency of the evidence, the court will view it in the light most beneficial to the non-appealing party. If the appellate court determines that a reasonable person could reach the same decision as the trial court based on the evidence of record, it will deem the evidence sufficient. If the order is against the overwhelming weight of the evidence, though, the court may set it aside.Pursuing Family-Law Appeals
Not all Texas family-law orders are appealable. For example, temporary child-custody orders usually cannot be appealed. In most cases, appeals must be filed within 30 days of when the court issued the order. There are strict procedural rules the appealing party must comply with, as well. Specifically, they must file a notice of appeal, informing the court and opposing party that they have filed an appeal. They must also file a brief explaining the grounds for the appeal and their assertions as to why the trial court’s ruling should be vacated and provide the court with the evidence or transcripts that support their arguments. Parties cannot introduce new evidence at the appellate level, however. The opposing party will usually file a brief in support of affirming the trial court ruling. The appellate court will assess the evidence and any arguments set forth by the parties and determine whether to grant the appeal.Talk to a Capable Dallas Lawyer
Although people cannot appeal family-law orders simply because they do not agree with them, orders that do not align with the facts of the case or the applicable laws may be reversible. If you are interested in pursuing an appeal in a family-law case, it is wise to talk to an attorney as soon as possible. The capable Dallas lawyers of McClure Law Group possess the knowledge and experience needed to pursue family-law appeals, and, if you engage our services, we will fight tirelessly on your behalf. We regularly represent people with family-law appeals in Dallas, Rockwall, Fort Worth, Frisco, Irving, McKinney, Richardson, and Garland. We also represent parties in family-law cases in cities in Dallas, Rockwall, Collin, Denton, Tarrant, and Grayson Counties. You can reach us through our online form or by calling 214.692.8200 to set up a confidential meeting.