Custody cases can be emotionally draining and stressful for both parents. However, there may be instances where a parent may feel that the court’s decision regarding custody of their child is not in the best interest of the child. In such cases, the parent may choose to appeal the custody order. In Texas, the process of appealing a custody case can be complex and it is important to understand the rules and procedures involved.
The first step in appealing a custody case in Texas is to file a notice of appeal within 30 days of the final order. The notice of appeal must be filed with the clerk of the court that issued the original order. The notice of appeal must include a copy of the order being appealed, as well as the names and addresses of all parties involved in the case.
Once the notice of appeal has been filed, the parent must then file a brief with the appellate court. The brief is a document that explains the parent’s legal argument and the reasons why they believe the original order should be overturned. The brief must be filed within 90 days of the notice of appeal.
The other parent will also have an opportunity to file a brief, known as an appellee’s brief, to respond to the arguments made in the appellant’s brief. After both briefs have been filed, the appellate court will schedule a hearing where both parents can present their arguments and the court can ask questions to better understand the case.
It’s crucial to note that when appealing a custody case, the standard of review is abuse of discretion. This means that the appellate court will not substitute its own judgment for that of the trial court, but will only overturn the decision if the trial court’s decision was arbitrary and unreasonable.
It’s also essential to understand that the appellate court will only review the evidence that was presented during the trial court proceedings. Therefore, it’s not possible to present new evidence during the appeals process.
It’s important to note that the process of appealing a custody case can be lengthy and costly. Therefore, it’s essential that parents thoroughly evaluate their case and seek the advice of an experienced family law attorney before deciding to appeal.
In conclusion, appealing a custody case in Texas can be a complex process that requires a thorough understanding of the rules and procedures involved. Parents should seek the advice of an experienced family law attorney before deciding to appeal. It’s crucial to understand the standard of review, the time frame and the evidence that can be presented.