The first option to consider in challenging a trial judge’s ruling is whether to file a motion seeking to have the judge reconsider the ruling and grant a new trial. Reasons that a judge might throw out his or her decision include:
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lack of evidence to support the decision;
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misapplication of the law to the facts of the case; or
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vitally important new evidence has arisen that could not have been discovered before the trial.
Another option to challenge an undesirable result in a trial court is to appeal the decision to a court of appeals. Changing a trial judge’s ruling on appeal can be difficult, because trial judges are afforded “judicial discretion,” which means that the appellate court refuses to reverse a trial judge’s decision unless it can be shown that the judge abused his or her discretion.
With either of these options, time is of the essence. Usually, the decision to challenge a trial judge’s decision must be made within 30 days of date the judge signs the order containing his/her decision.
A party can also seek to change a court order or settlement agreement dividing property based on fraud or duress. Sometimes, the time period for seeking to change the property division based on fraud or duress is longer than the time period for seeking a new trial or appeal.
Some issues in a divorce remain subject to modification even after the judge’s decision has become final. Issues such as conservatorship, possession of or access to children, child support, or maintenance can be modified if it is shown that there has been a change of circumstances since the last order was entered and the modification is in the best interest of the child. To modify a conservatorship order within one year of the previous order, a party must show some danger to the child’s physical health or emotional development.
Michelle May O’Neil, president of O’Neil Attorneys and a Certified Family Law Specialist by the Texas Board of Legal Specialization, is nationally recognized as a leader in family law. She focuses on child-custody disputes, complex marital-property litigation, and family-law appeals. May also acts as a mediator for other attorneys in resolving family-law disputes.
My husband committed a crime in another state .Under a plea agreement it was reduced to one charge with five years probation with restitution of 92,000 he took. Unknowing to me of a crime committed , I added him to the deed of my home after 23 years of marriage. Now the judge who he called by first his first name in court has had me move out and him move in my home. Is this legal
There was domestic violence in my marriage i moved from ca. To tx. In an effort to save my 5yrs invested which led up to unbelievable behavior and treatment, drug use and disrespect. Which forced me to file for divorce when he kicked me and my two kids that are not his out of our home at 11:30pm. He swore he would kill me if I tried to take our two kids and he pulled out a gun. He said he didn’t care about going to jail no police nothing. I had been on the recieving end of his abuse for7yrs. I left with my two kids andwent back to California. Sept23,2014 I filed for divorce and Oct4,2016 my divorce was finalized, and my restraining order granted after removing my two kids by my ex which I had full custody of and no visitation with their father because after 10 / 13/2015 the date i got my restraining order initially. He went to court in texas and got papers granting him sole managing conservator I knew nothing about these court proceedings which occured 03/03/2016, he ended up in jail facing felony charges of arson /insurance fraud which he got community service for. On Aug18,2016 he went to my kids school and took them and went to texas. I had to go to court to get a copy of the papers he brought from texas. After going back and forth from court, the rialto police and DA’s office texas says they have jurisdiction because that is where we had been living prior to the year my kids came back to California to stay with me. So my kids aren’t protected by the restraining order and I have to go to court in texas to fight the papers granting him sole managing conservatorship. I haven’t been able to talk to my kids since I dropped them off at school that morning. I got his address off the court papers from ca. Court. I’m truly scared for my kids. I don’t know what to do how to go about doing it. I’m waiting on information from lawyers meanwhile my kids are probaly thinking I’m dead cause they haven’t heard from me all this time. I’m trying to be safe and keep my kids safe their environment is so unpredictable and dangerous. Any advice or direction would greatly be appreciated.