If a judge's ruling in your divorce or custody case is wrong, you may be able to challenge it. But family cases have some of the shortest and strangest deadlines in Texas law.
A final order, like a final decree of divorce or a final custody order, can be appealed to the court of appeals. Temporary orders are different. The Texas Family Code says temporary orders are not subject to interlocutory appeal (§§ 6.507, 105.001(e)). That doesn't mean you're stuck with a harmful temporary order. The usual tool is a petition for writ of mandamus, which asks the court of appeals to order the trial judge to correct a clear abuse of discretion when an ordinary appeal would come too late.
Many family cases are first heard by an associate judge. If you disagree with the ruling, you can ask for a new hearing in front of the district judge, called a de novo hearing. The request must be filed not later than the third working day after you receive notice of the associate judge's report (Tex. Fam. Code § 201.015(a)). Three working days is not much time. If you think the ruling is wrong, act immediately.
| Step | Deadline | Source |
|---|---|---|
| De novo hearing after an associate judge's ruling | Not later than the third working day after notice of the associate judge's report | Tex. Fam. Code § 201.015(a) |
| Motion for new trial | Within 30 days after the judgment is signed | Tex. R. Civ. P. 329b(a) |
| Notice of appeal from a final judgment | 30 days after the judgment is signed, or 90 days if a timely motion for new trial or other qualifying post-judgment motion is filed | Tex. R. App. P. 26.1(a) |
| Accelerated appeal (for example, an order terminating parental rights) | 20 days after the judgment or order is signed | Tex. R. App. P. 26.1(b); Tex. Fam. Code §§ 109.002(a-1), 263.405(a) |
| Mandamus against a temporary order | No fixed deadline in the rules, but delay can count against you | Tex. R. App. P. 52 |
The court of appeals doesn't decide custody or divide property from scratch. It reviews whether the trial judge's decision had support in the evidence and followed the law. That's why what happens at the trial level matters so much: the record built there is the only thing the appeals court will see. If your case is still in the trial court, an appellate lawyer can help make sure the record protects you.
Family appeals are about your children and your home, and they're decided on the paper record. Jonathon Muñoz brings a court staff attorney's training to family cases and knows how to frame a case so a reviewing court can act on it. The law should be something you can use, not something that is used on you. Law Nerd LLC exists to put the tools of appellate courts back within reach of the people whose lives depend on them.
Generally, no. The Family Code says temporary orders are not subject to interlocutory appeal (Tex. Fam. Code §§ 6.507, 105.001(e)). A harmful temporary order may be challenged by a petition for writ of mandamus.
Generally 30 days after the judgment is signed, or 90 days if a timely motion for new trial or other qualifying post-judgment motion is filed (Tex. R. App. P. 26.1(a)). Some family appeals, like appeals from orders terminating parental rights, are accelerated and due in 20 days.
By requesting a de novo hearing before the referring district court not later than the third working day after notice of the associate judge's report (Tex. Fam. Code § 201.015(a)).
Usually, yes. The Family Code provides that an appeal from a final order does not suspend the order unless the court rendering it orders suspension (Tex. Fam. Code § 109.002(c)).
Yes. The division of the marital estate in a final decree can be appealed. The court of appeals reviews whether the evidence supports the division and whether property was properly characterized.
Tell me what happened and when the judgment was signed. You'll get an honest answer about your options and how much time you have.
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