Coping with the challenges of child custody cases can be stressful and emotional. However, in Texas, the order issued by the judge is not always the final word. If you’re unsatisfied with the ruling and wish to submit a consideration for a new judgment, you are within your rights to do so. With the assistance of a qualified lawyer, you may have more success. Here’s what you need to keep in mind about the process.
Appealing the Decision
To receive a new trial, you must submit a motion for this request to the clerk at the same family court where your original custody hearing took place. You can only appeal the ruling, however, if you can provide evidence that relevant information was omitted the first time or have new information that could change the trajectory of the case and final outcome considerably.
Upon offering this information to the appeals court, a hearing may be arranged to determine the need for another trial. If the court agrees that the information provided is circumstantially significant, they may elect to hold a new trial. If your appeal is denied, you may still have a chance by applying for restricted appeal, or writ of error, with the state’s Supreme Court.
Modifying Your Case
In some instances, the case may merely require some modification. This can be simple if the parents can agree that the change would be beneficial for the child. For example, one parent may have chosen to relocate to an area that makes it impossible to maintain the ordered visitation schedule. Or a parent may become sick and recognize that the child is safer under the care of the other. In this case, the couple simply needs to visit the court and submit a new order that illustrates the desired changes.
Sometimes the parents may not agree, though. If that’s the case, the parent who wants to alter the order must show a significant change in circumstances to prove that the child’s health, well-being, and best interests will be served by a change. If the child in question is at least 12 years of age, they can also make a statement of their wishes.
Don’t navigate the often tricky path of child custody on your own. Trust in The Law Offices of Charley Johnson to assist you every step of the way. Based in Leon County, TX, Johnson is a native Texan and established lawyer who has served the community since 2004. Visit the attorney online to review some frequently asked questions of him. Call (903) 536-2185 to schedule a consultation.