Paul Leopold

I am one of ten active attorneys in Texas that are board certified in both Family Law and Civil Appellate Law. I focus on family law appeals, from the beginning of a case and coming up with a winning strategy that will preserve a trial-court win, through exhausting all appellate remedies, and everything in between.

Many clients ask whether an appeal is worth it. I can't answer that for you. There are many factors you have to consider. Not only the time and expense that goes into an appeal, but if you win, the appellate court will likely order a new trial. That means additional time and expense for a new trial, in the same trial court, in front of the same judge again. A good way to look at an appeal is like an investment. Investments have risks. To you, in your situation, is the risk worth the reward?

One of the most memorable cases I have ever been a part of, which is still ongoing, involved a mother of twins. The father filed a Hague Convention case, claiming that the mother kidnapped the children, and asked the trial court to order the children return to Israel. I was hired as appellate counsel after the trial court granted the father's petition and ordered the children's return. We won the appeal, and the court of appeals reversed and rendered the father's petition denied. The Texas Supreme Court denied the father's petition for review. The father had already taken the children to Israel, so we enforced the denial of his petition, and the trial court ordered the father to re-return the children back to Texas. The father appealed, and we won again, both in the court of appeals and the supreme court. Unfortunately, even though I was able to win in Texas every step of the way since being hired, Israel has refused to recognize or enforce the Texas orders. So the mother is still having to eke out a living in Israel just to be close to her children. Family law is often like this. Even winning in the courtroom doesn't mean a practical win.

Family law appeals present a unique challenge from other practice areas. It combines the rigors of appellate work - knowing the law, knowing procedure, and devising a strategy that utilizes that knowledge to obtain an outcome the client desires, along with the emotions of family law. Whether you're dealing with a billion-dollar estate or simply someone's relationship with their kids, it's always high stakes.