Mandamus Relief in Texas Family Law Cases
People seeking to legally alter their relationships or the shape of their family will often turn to the Texas courts to define their duties and rights. The courts have an obligation to rule in accordance with any applicable laws, in consideration of the facts of the case, but rulings issued in family-law cases are not always sound. While parties in family-law matters can appeal some decisions when filing an appeal is not appropriate, they may be able to seek mandamus relief. If you believe the trial court ruled incorrectly in your family-law matter, you should speak to an attorney experienced in pursuing mandamus relief in Texas family-law cases to determine your options. The skilled Dallas family-law attorneys of McClure Law Group understand the detrimental impact of improper family-law rulings, and, if we represent you, we will work diligently to help you fight to protect your interests.Mandamus Relief in Texas Family Law Cases
In Texas, mandamus relief is considered an extraordinary remedy. Essentially, the relator, or party seeking such relief, can file a petition for a writ of mandamus if they want to challenge an order issued by a trial court but lack sufficient remedy by appeal. The Texas Rules of Appellate Procedure do not impose a deadline as to when a writ of mandamus must be filed. It is prudent, however, for relators seeking mandamus relief in Texas family-law cases to act promptly, as the courts do not look kindly on unjustified delays. Additionally, immediate relief is often necessary to prevent the relator from suffering further harm.
Appellate courts will grant mandamus relief in Texas family-law cases in which they determine the trial court violated a ministerial obligation. Appellate courts will also issue mandamus to vacate a void order or when the order set forth by the trial court is so capricious and arbitrary that it amounts to a clear error.
In the majority of cases, though, a relator will seek mandamus relief on the grounds that the trial court abused its discretion. The Texas courts define an abuse of discretion as a ruling that is either blatantly divergent from a statutory command or ignores or is contrary to principles of law and guiding rules. Additionally, trial courts do not have discretion with regard to determining the law or applying it to the facts of the case, and, if they incorrectly analyze or apply the law, it will constitute an abuse of discretion as well.When Mandamus Relief is Appropriate
There are numerous situations that can arise in family-law cases in which filing a writ of mandamus might be appropriate. For example, relators may seek mandamus relief following a trial court’s inaccurate ruling on jurisdiction or standing or the issuance of temporary orders appointing a receiver in divorce proceedings. A relator may pursue mandamus relief following an unfavorable ruling pertaining to discovery, a modification of the designation of the conservator with the right to determine a child’s primary residence, and the failure of the trial court to enter an order following an oral ruling on the record.Confer With a Seasoned Dallas Attorney
Texas family-law judges usually aim to render good decisions, but they are not immune to making mistakes. Fortunately, parties aggrieved by improper rulings have options for seeking recourse. If you want to learn more about mandamus relief in Texas family-law cases, it is wise to confer with an attorney promptly. The seasoned Dallas lawyers of McClure Law Group are well-versed in what it takes to demonstrate that a trial court ruled improperly, and if you hire us, we will set forth compelling arguments in your favor. Our primary office is in Dallas, and we can meet clients for consultation at our Collin-County office in Plano. We frequently represent people in family-law proceedings in Dallas, Rockwall, Fort Worth, McKinney, Frisco, Richardson, Irving, and Garland. We also assist parties with family-law matters in cities in Dallas, Rockwall, Collin, Tarrant, Denton, and Grayson Counties. You can reach us by calling us at 214.692.8200 or using our online form to set up a confidential conference.