Custody rulings in Texas and throughout the country are made with a child's best interest in mind. However, it is possible for parents to appeal any ruling that a judge makes. This is generally true if the court has issued a complete custody order. Such a ruling is issued after a hearing has been held and there are no other issues that need to be resolved between the parties.
Parents generally cannot appeal a temporary custody order. Temporary orders are typically in effect until such a time when a judge can learn more about a case and make a final ruling. When appealing the ruling, a parent should point out specific reasons why the final order is being challenged. It may be a good idea to do so with the help of an attorney. After submitting an appeal, a judge will reconsider some or all of the evidence used to create the original ruling.
It is important to note that new evidence will not be allowed at an appeal. Furthermore, it is not possible to hear new testimony from witnesses during the appeal hearing. Instead, the appellate judge is simply reviewing the facts introduced during the original case to determine if any errors were made. The appellate judge's ruling also revolves around doing what is in the child's best interest.
The best interests of the child are the top concern of any judge ruling on a family law issue. Generally speaking, both parents are allowed to spend time and otherwise interact with a child. Therefore, those who are not granted custody rights are often granted visitation rights. An attorney may work with a parent to appeal a judge's order or otherwise help an individual obtain greater access to his or her son or daughter.