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Appeals

Appealing a family law matter to the Texas of Court of Appeals often proves to be a difficult and incredibly expensive endeavor. As such, you should give thorough consideration to the cost associated with filing an appeal and balance those costs against the ruling you are seeking to appeal.

The Texas Family Code gives a great amount of discretion to a judge deciding a family matter. As such, the Court of Appeals will generally only overturn a trial court decision if the decision was a "clear abuse of discretion," which is a legal standard not governed by the plain meaning of the phrase as most people would think. A trial court acts with a clear abuse of discretion if "a court acts arbitrarily or unreasonably, fails to properly apply the law, or bases its ruling on factual assertions unsupported by the record." Microsoft Corp. v. Manning, 914 S.W.2d 602, 607 (Tex. App. - Texarkana 1995, writ dism'd).

If you would like to discuss the possibility of appealing a judge's decision in your family matter, contact our office today to schedule an initial consultation.

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