Dallas, TX family law attorney Holly Draper explains when it makes sense to file a mandamus in a family law case. She shares that a mandamus is filed when a judge clearly abuses their discretion during a pending case. In general, courts of appeals and the Texas Supreme Court are reluctant to grant mandamus relief, so the chances of success are quite low. It is important to be very careful in determining whether a particular case meets the legal criteria and has a realistic likelihood of the court taking it up or ruling in the client’s favor.

Courts of appeals and the Supreme Court are not required to consider a mandamus at all. Filing one can involve significant time and expense, and the court may simply deny it without even requesting a response from the opposing party. Because of this, it is crucial to ensure that the law supports the claim and that the type of issue presented is one the court would be interested in reviewing.