Family Law Appeals

Graham Family Law > Family Law > Family Law Appeals



An appeal is a formal request for a higher court to review the case and reverse an earlier decision rendered by a lower court. In a Texas family law case, attorneys can enter an appeal to the Court of Appeals, and if necessary, to the Texas Supreme Court.
The types of appeals the attorneys at Jamie Graham Associates, PLLC, handle typically involve property division in divorce or child custody and visitation (possession) orders.


Courts generally have broad discretion in family law cases, making appeals of these types of orders particularly challenging. However, when dividing property in a divorce case, the court is held to a “just and right” standard. When making determinations regarding conservatorship and possession, the court must apply a standard based on what is in the “best interest” of the children. Statutes and established case law guide the court in making these determinations.

In deciding whether to appeal your case, valid grounds must exist such as gross misapplication of relevant laws or unfair procedural decisions. Examples of grounds for appeal include refusing to admit vital testimony or erring in how the findings were evaluated, which resulted in giving more importance to certain facts than was warranted. Appellate courts review court records, which contain facts, evidence and rulings already involved in the case. Appeals do not permit the entry of new evidence.

In addition, appellate courts must follow specific procedural rules, and appeals are a very different type of judicial process than a bench or jury trial where the case was originally heard. For this reason, it is vital to obtain a lawyer who is well-versed in relevant laws, adept in detailed analysis of court records and effective at framing arguments for appeals. Furthermore, stringent deadlines apply to appeals.

If you believe that the order in your case varies from family law standards, call our San Antonio law firm at 210-308-6448 as soon as possible. Or, you may contact us online to arrange a consultation to have an attorney evaluate your appellate options.

Peace of mind comes from knowing you have a competent attorney who always acts in your best interest — Jamie Graham Associates, PLLC.


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