One party to a family court dispute that gets to trial may feel wronged by the outcome. An unfavorable result in a child custody dispute might limit your visitation rights. You wish to appeal the court’s judgment because you don’t think it’s in your child’s best interest. You may be wondering, “Can I appeal a custody ruling in Texas?”
Legally speaking, you do have the right to challenge a custody ruling. Family court decisions are extremely difficult to reverse in an appeals court. If you want to appeal a family court ruling, you have to prove that the court committed a serious mistake of law. Furthermore, there is a strict timeline for filing an appeal of a custody determination. To get instant advice, click here.
To what extent is it possible to appeal a child custody decision?
If you disagree with a lower court’s ruling and think it was based on a legal mistake, you can ask a higher court to examine it by filing an appeal. The District Court’s judgment would be appealed to the Texas Appeals Court.
How Do You Define a Final Choice?
A judge’s signed order is necessary for this. An appeal cannot be filed before the judge has made a ruling. Temporary child custody decisions cannot be challenged in court.
The dispute between you and the other parent may have been resolved. You may be wondering, “Is it possible to appeal a custody judgment in Texas if the parties have already agreed on it?” A custody decision is final and cannot usually be challenged.
Answering the Question, “What Is a Legal Error?”
The mere fact that one disagrees with the verdict does not provide grounds for an appeal. You need to show that there is a legal basis for challenging the judgment. An appeal in the Texas Court of Criminal Appeals requires proof of either judicial misconduct or insufficient evidence to justify the lower court’s ruling. Not everything can be proven using these criteria.
In order to establish that a judge abused their discretion, it must be shown that the judge committed a serious mistake that affected their judgment. Abuse of discretion might occur, for instance, if the court did not allow a crucial witness to testify. If a judge’s ruling directly conflicts with the law is another scenario.
Showing that there wasn’t enough evidence to justify a custody ruling is likewise a difficult task. It is not enough to say that the judge made a mistake because he or she believed a witness who you thought was not credible. An appeals court might rule that the judge erred in relying on material that isn’t part of the official record.
