Can You Appeal?
Most custody cases are decided by the two parties involved who negotiate an agreement that the court will approve. However, for the minority, it is up to the Judge to decide the fate of your case. So can you appeal a lost custody situation? The answer is yes, but not without some caveats. You cannot appeal a case simply because it was not in your favor. However, if there was a legal error made, or perhaps you wish to modify it, then yes. Keep in mind that the filing time varies but it typically pretty short lived. While the time to file is short, the appeal itself could be complicated and lengthy. You should speak to a qualified Board Certified family law attorney as soon as possible to determine if you qualify and help you throughout the process.
Qualifying For An Appeal:
Who can qualify for an appeal is pretty well laid out in the law. Be sure to not confuse an appeal with repeating the entire trial. It is solely an avenue to correct a legal error made by the lower court. Essentially any part of your case may be appealed. This includes but is not limited to the Judges decision about conservatorship, division of assets, child support, rights and duties, possession and access or spousal support. Qualifying for an appeal means you’ll need to show direct evidence of either:
- Insufficient Evidence- For example, if a Judge relied on substantial evidence that was not on record, this could be cause for an appeal.
- Abuse of Discretion- Abuse of discretion occurs when a court or Judge acted unreasonably or failed to follow the Texas Rules of Civil Procedure or Family Code.
This is merely a cursory glance at what an custody appeal can look like in Texas. Needless to say, it will be complicated. Unfortunately, it’s not something that a Google search can fully prepare you for. When the stakes are this high, you’ll want someone to fight both with you and for you.
We’re On Your Side
If you had an outcome that was not in your favor, don’t give up. We are Board Certified in family law and can provide the support and help to get you justice. Abercrombie, Sanchez & Wood Law’s Texas attorneys use our family law expertise in order to protect your rights and to reach an agreement in your specific case. We can help you navigate the process to find the best outcome for your family and children. Call us at 888-981-7509 to see how we can help!