De Novo Hearings in Family Court
Divorce and child support and visitation cases in Texas can be complex, emotional, and procedurally intricate, especially when spouses do not agree. When a Texas family court decision does not go as planned for a parent, or seems to be completely biased and unfair, it’s natural to want another opportunity for the case to be reviewed by another judge. In many situations, Texas law allows parties to request a de novo hearing in divorce cases and child custody and support cases. A de novo hearing in Texas is essentially a second chance for a judge to hear the issues without previous bias. Whether you’re dealing with a child custody dispute, support order, or divorce arrangement, understanding what a de novo hearing in family court is and how it differs from a traditional appeal can make a significant difference in your case.
Eric M. Willie, P.C., is an Austin family law attorney who has represented countless clients in post-hearing reviews, appeals, and de novo hearings. Attorney Eric Willie has built a strong reputation for protecting clients’ rights and ensuring that every stage of the process is handled strategically and effectively.
What Is A De Novo Hearing in Texas?
A de novo hearing literally means “a new hearing” or “from the beginning,” as de novo is derived from Latin. In Texas family courts, requesting a de novo hearing allows a party to request a completely new hearing before a district judge after a decision has been made by an associate judge on the case.
Associate judges in Texas often handle family law matters such as temporary child custody orders, child support enforcement, or custody modifications. While associate judges can issue recommendations and rulings in family law cases, those decisions are not always final. Under Texas Family Code § 201.015, either party in a family law case has the right to request a de novo hearing before the referring district court judge.
During a de novo hearing in Texas, a district judge does not simply review the associate judge’s decision for errors or an inappropriate decision. Instead, the case, or the specific issues challenged by one of the parties, is reconsidered from scratch. This means the judge may hear new arguments, take new evidence, and make independent findings based on the latest findings and presented arguments. Common examples of changes to cases through de novo hearings include:
- When an associate judge issues a ruling on temporary child custody, either parent may request a de novo hearing to have the district judge make a fresh determination based on the evidence presented and anything new they have collected.
- In child support enforcement cases, a parent who believes the associate judge made a legal or factual mistake can request a de novo hearing to present additional evidence or clarify misunderstandings.
It’s important to note that not every part of the associate judge’s order may be reheard and reviewed by the district judge. The party requesting the de novo hearing must specify which findings or conclusions they want reviewed, and for what reasons. This precision is necessary because failing to request a review of an issue properly may prevent it from being reconsidered later.
Attorney Eric M. Willie can help parents and ex-spouses navigate this process from start to finish, including identifying which portions of the associate judge’s ruling can and should be challenged, to filing the request correctly and presenting compelling evidence before the district court.
How Long Do I Have To File For A De Novo Hearing In Texas?
Timing is very important when requesting a de novo hearing in Texas. Under Texas Family Code § 201.015, a party has only three working days after receiving notice of the associate judge’s order to file a written request for a de novo hearing. This deadline is strict, and missing it usually means losing the right to have the district court review your family law case.
The request must also clearly state which findings or issues you want the district judge to reconsider, as the court will only re-hear and make decisions on the matters identified explicitly in your de novo hearing filing. Because this window is so short, it’s essential to act immediately after being notified of or hearing an associate judge’s decision. Working with an experienced Austin family law attorney like Eric M. Willie will help to ensure that your de novo hearing request is filed correctly and on time, protecting your opportunity for a fair review before the district court.
What Is The De Novo Standard Of Review In Texas?
The de novo standard of review in Texas is what makes this request process unique. In many legal contexts, when a higher court reviews a lower court’s decision, the review is only on whether legal errors occurred. But in a de novo hearing in family court, the district judge looks at the matter as if no prior hearing or ruling ever occurred.
This means the district judge is not bound by the associate judge’s previous findings or conclusions, and gives them the ability to establish a new ruling if they deem it necessary. The district judge independently evaluates the facts of the case, applies the law, and reaches their own decision on the matters that have been requested for review. The parties may present:
- New testimony
- Updated documentation, including:
- Financial statements
- Text messages
- Expert reports
- Revised arguments, case law examples, and legal analysis
This is particularly important in family law cases when financial and living circumstances can change quickly. In some situations, a parent may have obtained new evidence of the other parent’s behavior or an updated income statement that affects their child support calculations. A de novo hearing allows those new facts to be presented to the court directly without bias from the previous judge’s ruling.
While the process gives both sides of the case a second chance, it also requires careful preparation and adherence to protocol. The rules of evidence and procedure still apply in de novo hearings in Texas, and the district judge expects well-organized arguments backed by credible proof. Working with an experienced family law attorney, like Eric M. Willie, ensures that all procedural requirements are met, including the short 3-day window to file for the de novo hearing, and that the presentation before the district court is substantial and persuasive.
It’s also worth noting that a de novo hearing does not automatically pause the enforcement of the associate judge’s order. Unless the district judge issues a stay to stop the original enforcement, the prior order typically remains in effect while the de novo hearing is pending. This makes timing and developing a legal strategy even more important for those seeking to protect their parental rights or financial interests through a new review of the case.
Contact A Family Law Attorney For Help With Filing For A De Novo Hearing In Texas
If you believe an associate judge made a mistake in the decision made in your family law case, don’t assume that decision is final. Texas law gives you the right to request a de novo hearing in district court, but only if you act quickly and strategically.
Eric M. Willie, P.C., and the rest of our team help clients through every stage of the process, from reviewing the associate judge’s ruling to presenting a compelling case before the district court. With a deep knowledge of Texas family law and a proven record of success in Austin’s family courts, we are ready to help you protect your family, your rights, and your future.
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