New Braunfels Family Law Appeals Attorney

Lawyer Helping Clients Appeal Decisions in Family Law Cases in New Braunfels, TX

When a judge issues a ruling in a divorce or child custody case, this may seem like the last word. However, a judge's decision after a trial may not always be the end of the road in a case. When legal errors occurred during a trial, a person may be able to ask a higher court to review the case. Family law appeals can be complicated, and they will follow strict rules with specific deadlines. Legal help from an attorney with experience handling appeals can ensure that a person's case will be handled correctly.

At Hill Family Law, our lawyer can help you evaluate whether an appeal is worthwhile, and he can make sure the right steps are taken to address unfavorable decisions made during a family law case. With his experience in both family law trials and appellate matters, he can provide the representation you need to secure the outcome you are looking to achieve.

Understanding Appeals

An appeal is not a retrial. An appellate court will not review new testimony by witnesses or consider new evidence. Instead, it will review the written record of what happened during a trial and determine whether a legal mistake affected the outcome. Because of this, a successful appeal will depend on what happened during a trial. Our attorney can review objections that were raised or other issues that affected the outcome of a case to determine the best steps to take during an appeal.

Family Law Decisions That May Be Appealed

Appeals may address many types of family court rulings, including:

• Child Custody: A judge may have excluded important evidence, or they may have failed to follow the presumptions under the law favoring joint conservatorship. If decisions about conservatorship or possession and access were not supported by evidence, an appeal may challenge the outcome of a case.
• Child Support: Errors may have been made when calculating a parent's net resources, or a court may have departed from the child support guidelines without having a good reason for doing so.
• Property Division: Mistakes made when determining whether certain assets should have been considered marital property or separate property may provide a basis for an appeal. Valuations that were not supported by evidence or unequal divisions of assets may also be challenged.
• Spousal Maintenance: A court may have awarded maintenance to a spouse who did not meet the proper eligibility requirements, or payments may have been put in place that exceeded the limits detailed in the law. These decisions may be challenged, resulting in adjustments to how alimony will be handled.

Steps in the Appeals Process

Considering Post-Trial Motions

Before pursuing an appeal, a party may ask a trial court to address errors through a motion for a new trial or a motion to modify the judgment. In general, these motions must be filed within 30 days after a judgment has been issued.

Filing the Notice of Appeal

A notice of appeal must usually be filed within 30 days after a judgment in a family court case. That deadline may increase to 90 days if a party files a motion for a new trial, a motion to modify a judgment, or a request for findings of fact. Missing the applicable deadline can permanently affect a person's right to pursue an appeal.

Writing Briefs

A party who is bringing an appeal will file a brief explaining the errors that they believed occurred during a trial. The other party will then file a brief in response, and the appealing party may reply to this brief. Briefs are some of the most important documents involved in appeals, and most cases are decided based on reviews of these written arguments by appellate judges. In some cases, an appellate court may hear oral arguments in which each party's attorney can answer questions directly and provide additional information to the judges.

What Happens While an Appeal Is Pending

Filing an appeal will not automatically pause orders put in place by a family law court. Most of the time, orders related to child custody and child support will remain in effect during an appeal unless the court decides otherwise. A person may be able to prevent property division from taking place until the appellate court makes a decision. When necessary, a trial court may issue temporary orders to protect the parties and preserve assets while an appeal moves forward.

Possible Outcomes of an Appeal

After reviewing the record of the trial, the briefs, and oral arguments, a court of appeals will issue an opinion. The court may affirm the judgment, leaving the decisions made during the trial in place. It may reverse the judgment and issue orders for how certain matters will be handled. It may also order a new trial that will address specific issues.

Alternatives to an Appeal

Appeals are not always the best option for addressing unfavorable decisions in family law cases. Some issues may be addressed through post-trial motions, and this may allow for decisions to be made more quickly than through an appeal. When circumstances in a child custody or child support case have changed since a court issued a judgment, a petition for modification may be faster and more effective than challenging the original order.

Contact Our New Braunfels, Texas Family Law Appeals Lawyer

An unfavorable ruling in a family law case can have lasting consequences on you, your children, your finances, and your future. At Hill Family Law, our lawyer can help you understand whether filing an appeal may be an option or whether you can take other steps to protect your rights and interests. To learn whether an appeal may be available in your case, contact our New Braunfels, TX appeals attorney at 830-229-2129 and set up a free consultation.