How to Appeal Divorce or Child Custody Rulings

Attorney Jimmy Vaught | 888-981-0085 | Schedule Your Consult Today

“When someone hires me to do an appeal, or to respond to an appeal, they get me. I don’t have paralegals who can do it, associates really don’t do it. So if someone hires me, they get me.”

Can you appeal divorce, child custody, or other types of family law cases if you disagree with the judge’s ruling?

Jimmy Vaught is a family law attorney with Vaught Law Firm, P.C. in Austin, TX. He has been practicing law for over 40 years, and he has focused exclusively on family law for over 20 years. He is board-certified in both family law and civil appellate law by the Texas Board of Legal Specialization, one of few such Texas attorneys.

In this interview, he explains that these decisions can be appealed, but that appealing the decision is not always the most practical option. He suggests contacting a family law attorney with experience handling appeals to learn more about your best options.

To learn more, contact the attorney directly by calling 888-981-0085 or by submitting a contact form on this page.

Key Takeaways From Jimmy Vaught:

Rulings over division of property, child support, or other matters involved in divorce proceedings and family court can all be appealed within a certain time limit of the final judgement if one party claims the verdict is unfair and/or there was a miscarriage of justice involved. When filing a motion for a new trial, the appellant only has 90 days after the final order has been signed to do so. The appellant then has to file a notice of appeal and has 30 days to file a brief.

If the initial appeal is denied, it may be possible to file an appeal with the state’s Supreme Court.

However, unlike the general court of appeals, cases which come before a state’s Supreme Court are considered on a discretionary basis. This means that the state’s Supreme Court could decide to deny the appeal with literal consideration regarding the merits of the case.

A variety of issues in family court see appeals made on a frequent basis. Issues of child custody where a parent receives primary custody but the other parent disagrees are a common motivator for appeals. Divisions of property, often involving child support, are other decisions which motivate many to appeal the final judgment on their case.

Someone considering filing an appeal needs to hire a specialist to handle the case.

A common question regarding the appeals process is whether or not the same lawyer who represented your initial case can represent the appeal; the answer is probably not. Appeals are a specific type of motion that require specific action and the presentation of different kinds of evidence than those needed in the initial case. Rather than evaluating the original case, an appeal is intended to investigate the original trial itself to see if a miscarriage of justice occurred in reaching the verdict in question.

There are very few family law attorneys with practice handling appeals or even familiarity with the deadlines involved. Vaught shares that most of his clients are actually other lawyers seeking help with the appeals process for their past clients.

It’s a good idea to look for an attorney who is board certified in family law and civil appeals.

In order to become board certified in these areas of law, an attorney must prove that they have a certain number of years of experience handling these cases, fill out a lengthy application, and pass a rigorous and lengthy exam on the relevant legal subject matter. Therefore, seeking out a board certified attorney in the relevant fields is a good way to make sure you are locating an experienced attorney with practice handling cases and appeals like yours.

Relatively few lawyers are double-certified in both family and civil appeals. An attorney who is board certified in civil appeals is referred to as civil appellate certified; this means the attorney is certified in handling civil law appeals, which includes family law appeals. It’s important to both ask about and research an attorney’s board certification to verify their authenticity before hiring them. This can help ensure that you find a family appeals attorney with the necessary skills and qualifications to handle your appeal as effectively as possible.

To learn more, contact Jimmy Vaught directly by calling 888-981-0085 or by submitting a contact form on this page.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.