Appealing a Judgment in Family Law Cases

An appeal is a request for a higher court to review a lower court’s decision. A party who loses their case may choose to file an appeal if the trial court made an error.

An appeal is not an opportunity for you to present new evidence or re-litigate your case.

Read more about the general appeals process in Appealing a Judgment in Texas and the Texas Young Lawyer’s Association’s Pro Se Appellate Guide.

You can appeal after the court signs a final order or judgment in the case.

Some orders made made during the case can be challenged after they are made. Talk to a lawyer if you are not sure whether your order can be appealed.

Appeals have strict rules and deadlines. Missing a deadline can mean your appeal is dismissed.

Some of the most important requirements are:

• Your grounds (reasons) for appeal must be preserved in the record. This means that transcripts or records of the trial court must show the (1) basis of the complaint of the appeal was made in the trial court and followed all court rules and (2) that the trial court ruled on the issue or refused to rule on the issue.
• You must file a Notice of Appeal on time. The deadline is 30 days after the date the court signed or entered the final decree or order. The deadline may be longer if you file a different post-judgment motion first.
• You must serve a notice of appeal to all parties to the judgment and to the court reporter on the case.

The Texas Rules of Appellate Procedure contain the rules and laws that control appeals cases.

You cannot appeal just because you disagree with the judge’s decision. You have to show that the court made a legal error that affected the outcome of your case.

Some common reasons people appeal include:

• The judge applied the law incorrectly;
• The judge abused their discretion in the case;
• The evidence does not support the court’s decision;
• A serious procedural error affected the case; and
• A party’s constitutional rights were violated.

None of these reasons are easy to prove. The most common reasons to appeal a family court decision are insufficient evidence or abuse of discretion.

In many cases, the judge has the authority to choose between more than one reasonable decision. Judges use their decision-making skills to look at all outcomes and pick the one they believe is the best one.

To prove abuse of discretion, you must show that a judge made a significant error that impacted their decision: for example, if the judge did not allow an important witness to testify, or the decision clearly goes against the law.

An appeals court will not usually change the judge’s decision unless they acted without following the law or made an unreasonable decision based on the evidence. It is extremely difficult to prove that a judge abused their discretion in making an order.

An appeal based on insufficient evidence will argue that there was not enough evidence in the case to justify all or part of the judge’s decision. For example, if a judge used evidence not on the record, it may get your case appealed.

If your case was heard in front of an associate court judge, you can request a “de novo” hearing in front of the district court judge. A de novo hearing is a post-judgment action that can be taken before filing an appeal.

A de novo hearing is not the same as an appeal to the court of appeals. There are different rules and deadlines for this type of post-judgment action. You must file for a de novo hearing within three working days of the trial in front of the associate judge.

It depends on your situation. An appeal can be expensive and take months or longer to finish. Additionally, appeals can be hard to win because appeals courts usually give trial judges a lot of freedom to make decisions, and often trust trial judge’s decisions.

If you are considering filing an appeal, talk to a lawyer and see if there are other post-judgment options that fit your situation.

While you feel that the decision was unfair, it is not enough to win an appeal without being able to show that the court made a legal error.

Yes, there are other post-judgment things you can file that may be better than an appeal.

• Depending on your case, you may want to ask the court to correct a clerical error with a judgment nunc pro tunc or file a motion for new trial,
• bill of review,
• motion to modify the order, or
• request to clarify the existing order.

Carefully research your options and speak with a lawyer to make sure you are picking the best one for your situation. To learn more about post-judgment proceedings, read Texas Family Code chapter 9.

You can read the article Appealing a Judgment in Texas and Texas Young Lawyers Association’s Pro Se Appellate Guide. You can read the law on appeals in the Texas Civil Practice and Remedies Code, chapters 51 and 52, and Texas Family Code chapter 109.

Yes. However, it is highly recommended to have an appellate lawyer help with your appeal. You are held to the same standards as a licensed attorney and must follow the Texas Rules of Appellate Procedure. There are many risks to representing yourself and failure to follow the rules can result in fines, sanctions, or case dismissal.

It is not recommended to use artificial intelligence to write your appellate briefs. While AI can be a helpful tool for proofreading, organizing thoughts, and helping to understand legal documents, it is not a substitute for an attorney. Using AI to write your appellate briefs may lead to serious consequences from the court if they do not accurately represent the law.

It is a good idea to speak with or hire a lawyer who specifically practices family law appeals. If you need help finding a lawyer, you can:

• Use the Legal Help Directory to search for a lawyer referral service, legal aid office, or self-help center in your area.
• Check the Legal Events & Clinics page for free legal clinics in your area.
• Use Ask A Question to chat online with a lawyer or law student.

For more information on selecting an appellate attorney, read the article How to Select a Lawyer.