FAQs

Frequently Asked Questions – Texas Family Law Appeals

Law Office of Bryan Fagan | Serving All of Texas

What is a family law appeal?

A family law appeal is a legal process where a higher court (usually the Texas Court of Appeals) reviews a trial court’s decision to determine if legal or procedural errors were made. It is not a new trial and does not involve re-hearing witnesses or presenting new evidence.

Not every unfavorable decision qualifies for appeal. To appeal, there must be a legal basis, such as a misinterpretation of the law, procedural errors, or insufficient evidence that affected the trial’s outcome.

Family law appeals often involve:

  • Child custody and visitation orders
  • Child support determinations
  • Division of property in divorce
  • Spousal support (alimony) rulings
  • Final divorce decrees
  • Protective orders
  • Contempt and enforcement orders

Appeals must be based on one or more of the following:

  • Misapplication or misinterpretation of Texas family law
  • Abuse of discretion by the judge
  • Procedural errors during trial
  • Improper admission or exclusion of evidence
  • Insufficient evidence supporting the decision
  • Violations of constitutional rights

In most cases, a Notice of Appeal must be filed within 30 days of the final judgment. If a motion for a new trial is filed, the deadline may be extended to 90 days. Missing this deadline could permanently forfeit your right to appeal

While every appeal is unique, the general steps include:

  • Filing the Notice of Appeal
  • Preparing the appellate record (trial transcripts and court documents)
  • Drafting and submitting legal briefs
  • Oral arguments (if granted)
  • Decision by the appellate court (affirm, reverse, modify, or remand)

No. Appeals are based solely on the existing trial record. You cannot present new evidence or testimony. The appellate court only reviews what happened in the original trial to determine if legal mistakes were made.

The appellate court may:

  • Affirm (agree with the original ruling)
  • Reverse (overturn the ruling)
  • Modify (change part of the judgment)
  • Remand (send the case back for a new trial or hearing)

Family law appeals involve complex legal rules, strict deadlines, and strategic brief writing. An experienced appellate attorney can:

  • Identify appealable issues
  • Ensure procedural compliance
  • Craft persuasive legal arguments
  • Advocate on your behalf in written briefs and oral hearings
  • Extensive experience in Texas family law and appellate matters
  • Statewide representation – Houston, Dallas, Austin, San Antonio, and beyond
  • Personalized legal strategies tailored to your unique case
  • Meticulous brief preparation and strong courtroom advocacy
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