Appeals

A family law appeal asks a higher court to review whether or not the trial your court got the law right in your divorce or child custody case. In Texas, the deadline to start an appeals process is often 30 days from the date the judge signed the final order, so if you believe a ruling was wrong, it’s important you to talk to an attorney as soon as possible. During an appeals process, the appellate court is unable to hear new testimony, but rather will look at the record from your trial and ask whether the judge made a legal error could have that changed the outcome. At Walters Gilbreath, PLLC, our legal team has handled family law cases from the courtroom through the appellate courts. Whether you’re appealing a ruling or defending one, we can help you understand your options and move before the deadline passes.

A family law appeal asks a higher court to review whether or not the trial your court got the law right in your divorce or child custody case. In Texas, the deadline to start an appeals process is often 30 days from the date the judge signed the final order, so if you believe a ruling was wrong, it’s important you to talk to an attorney as soon as possible. During an appeals process, the appellate court is unable to hear new testimony, but rather will look at the record from your trial and ask whether the judge made a legal error could have that changed the outcome. At Walters Gilbreath, PLLC, our legal team has handled family law cases from the courtroom through the appellate courts. Whether you’re appealing a ruling or defending one, we can help you understand your options and move before the deadline passes.

What Can Be Appealed in a Texas Family Law Case?

All final orders in a family law case can be appealed. That includes final decrees of divorce, child custody and support orders, property division and modification orders. Common grounds for appeals include:

• Mischaracterized property (separate property that was treated as community or vice versa)
• Unsupported property division
• Custody rulings that go beyond what the family code allows
• Jury charge errors
• Misapplication of UIFSA or UCCJEA statutes 
• General abuse of discretion

How the Family Law Appeals Process Works in Texas

A notice of appeal is typically due 30 days after the judge signs the final order. Filing a timely motion for a new trial can extend that deadline to 90 days. Other appeals, such as those from orders terminating parental rights, have a 20-day deadline. Filing an appeal doesn’t automatically pause the trial court’s order, and a separate filing may be necessary to stop certain collections on judgments. In custody cases, the existing order usually stays in effect while the appeal is pending, subject to temporary orders the trial court may make pending appeal.

• Post-judgment motions – A motion for a new trial or other post-judgment motion gives the trial court a chance to fix errors. It can also preserve issues and extend appellate deadlines.
• Notice of appeal – Filing the notice starts the appeal in one of Texas’s intermediate courts of appeals.
• The appellate record – The filed documents and the reporter’s record (the transcript of hearings and trial) are prepared and sent to the appellate court.
• Briefing – Each side files a written brief explaining the errors (or lack of errors) with citations to the record and the law.
• Oral argument – If allowed by the appellate court, some cases are argued in person, but many are decided on the written briefs alone.
• Decision – The court of appeals may affirm, reverse, modify, or send the case back to the trial court (remand). If a party disagrees with what the Court of Appeals decided, a party can then ask the Supreme Court of Texas to review the decision.

Appeal vs. Mandamus

An appeal is done when a final order is entered in a case. A mandamus is an appeal to the appellate court that takes place while a case is pending, such as filing a mandamus of a temporary order.

FAQs

• How long do I have to appeal a divorce or custody ruling in Texas?
  • In most cases, you have 30 days from the date the judge signs the final order. In some cases, a new trial can extend that to 90 days. Some appeals, such as those involving termination of parental rights, have a 20 day deadline. 

• Can I present new evidence on an appeal?
  • No. The court of appeals only reviews records from the trial court. If important evidence never made it into record, an appeal usually cannot fix that. A motion for a new trial may be an option in very limited situations. 

• How long does a family law appeal take?
  • It varies depending on the case and the court. Some cases are decided within a few months after briefs are filed with the appellate court, but some cases wait over a year for a decision.

• How much can a family law appeal cost?
  • Case cost depends on the complexity and level of conflict as well as the number of issues and whether an oral argument is necessary. Our attorneys can talk through potential expected costs during a consultation. 

• Can an appeal stop the custody order from taking effect?
  • Usually not. Filing an appeal doesn’t automatically suspend the trial court’s order and custody orders generally remain in effect while an appeal is pending.

• Can I appeal a temporary order?
  • Yes, this type of appeal is called a mandamus.