Can you Modify a Judgment that is Currently Being Appealed in a Family Law Case?

Can you Modify a Judgment that is Currently Being Appealed in a Family Law Case? The  Fifth Court of Appeals of Texas at Dallas recently addressed this issue and they explained that a judgment can be modified even though the judgment is subject to an appeal in a family law case. The court held that a court of exclusive, continuing jurisdiction has the jurisdiction to entertain a new modification in a suit affecting the parent-child relationship despite a pending appeal from a prior modification order.

The Fifth Court of Appeals acknowledged that there are some courts of appeals that disagree with their position on this, including the El Paso Court of Appeals. They also noted that Fort Worth Court of Appeals has since sided with Dallas on the issue. The court made clear that the normal standards for modifying an order must be met in order to have the order modified while an appeal is pending.

If you have any questions about a family law issue, including a modification, contact Guest and Gray and we can schedule a time to discuss your case and let you know what options you have.