Family Law Appeals Attorney in McKinney, Texas

When does it make sense to file an appeal in a family law case?

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00:04
in most family law cases
00:06
it is often not worth it to file an
00:09
appeal because of the cost and time
00:11
involved
00:12
but there are certain types of cases
00:14
where it makes sense one example would
00:16
be
00:17
in a case where a non-parent was given
00:20
rights or possession of a child when we
00:23
have one or more
00:24
fit parents involved the reason that
00:27
it’s appropriate to appeal in that
00:28
situation
00:30
is when the non-parent is in the door
00:33
they’re in the door forever that is your
00:35
one and only chance to get them kicked
00:37
out of the case never to come back in
00:38
again
00:40
another example of an appropriate time
00:42
to appeal would be
00:43
in a property division case because if
00:46
there’s
00:46
significant property at stake and you
00:48
feel that the judge made an egregious
00:50
error in how property was divided then
00:53
it can often be worth
00:54
the time and expense of an appeal in
00:57
traditional custody cases
00:59
a lot of times it is not worth appealing
01:02
because of the availability of a
01:03
modification proceeding down the road
01:06
it’s very case specific based on the
01:08
facts and how the judge ruled
01:10
whether or not an appeal would be an
01:12
appropriate remedy
01:13
for a client to consider when we’re when
01:16
we’re dealing with custody issues
01:17
between two parents

Dallas, TX family law attorney Holly Draper explains when it makes sense to file an appeal in a family law case. She informs that in most family law cases, filing an appeal is often not worthwhile due to the cost and time involved. However, there are certain situations where an appeal makes sense. One example is when a non-parent has been granted rights or possession of a child while one or more fit parents are involved. In these cases, an appeal can be crucial because once a non-parent is “in the door,” they may remain involved indefinitely. An appeal in this situation is often the only opportunity to remove them from the case permanently.

Another example where an appeal may be appropriate is in property division cases. If significant property is at stake and the client believes the judge made an egregious error in dividing assets, pursuing an appeal can be worth the time and expense. In contrast, traditional custody cases are often not ideal for appeal because modification proceedings may be available later if circumstances change. Ultimately, whether an appeal is appropriate depends on the specific facts of the case and how the judge ruled, making it a decision that must be carefully considered for each client.

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