The process of appealing child custody rulings

On Behalf of | Sep 19, 2018 | Child Custody

When child custody rulings are issued, they are intended to serve the best interests of the child. However, parents in Texas who are going through a divorce may not agree with the judge’s decision. In most cases, it is possible to appeal the order assuming that it is final and complete. A ruling is final when a hearing has occurred and there are no further court dates scheduled regarding the matter.

A ruling is complete when it addresses all the outstanding issues that needed to be resolved. It is possible for a judge to issue a temporary ruling or a ruling on some issues while waiting until a later date to address other questions. In such a scenario, a parent has no choice but to accept the court’s decision for the time being. A higher court will hear any appeal brought by a parent, and there are limitations to what can happen during an appeal.

For example, it is generally not possible for the parent to introduce new evidence or bring new witnesses to offer testimony. Furthermore, it is important for parents to know that the best interest of the child standard is still in effect when appeal is reviewed. An attorney may be helpful in articulating why the decision was appealed and why it was not the correct decision.

Prior to going to court, parents may develop their own arrangement to raise their children. Generally, judges will approve parenting plans that work for both the parents and the children. It may be a good idea to have the help of an attorney even if child custody matters are resolved outside of court.