Family Law

Family Law Case Appeals Process

Key Takeaways

  • The purpose of an appeals court is to review the family court or trial court to see if the final decision was made in error.
  • After a final order or final court order is entered, your attorney must file a notice of appeal with the appellate court via the court clerk.
  • The appellate court may or may not hear oral arguments, after which they will decide on the appealed issues.

If you’ve been involved in a case in family court and did not like the ruling from the judge, you might be wondering if you can appeal the court’s decision to an appellate court. You can. Each state will have its own appeals process, so it is best to contact a local and experienced family law attorney to discuss the appellate process in your state.

Basic Appeals Process

Before we look at specific state examples of how the appeals process works, some general rules will likely apply no matter where you file your appeal.

After the family court or trial court enters a final order or final court order in your court case, you need to file a notice of appeal with the appellate court via the court clerk. You will have to pay a filing fee for the appeal.

In many states, the higher court is the court of appeals. Other states may have different terms, such as New York, which may have the state supreme court as the trial court and the state superior court as the appellate. After the notice of appeal is filed, each side will file appellate briefs, including a reply brief if you are the appellant.

After all appellate briefs are turned in, the appellate court may or may not hear oral arguments on the appealed issues. The Court of Appeals, or Supreme Court, will then rule on the appealed issues. Possible outcomes of the appeal might be:

  • Uphold the trial court’s order
  • Reverse and remand the trial court’s decision—this usually will order a new trial
  • Vacate the trial court’s order

It is important to remember that most appeals do not involve being able to introduce new evidence. The purpose of an appeals court is to review the family court or trial court to see if the final decision was made in error.

When Can I File an Appeal?

A notice of appeal cannot be made until the trial judge has made a final order. Only then can you appeal the judge’s decision. The timeframe you have to file the notice of appeal will vary from state to state. Some states give you only 30 days. Some states may give you more or less time. This is where having an appellate attorney will be very helpful. They will know these time limits. If you miss the filing deadline, you will lose your right to appeal.

Types of Family Law Cases That Can Be Appealed

Any family law case can be appealed from the lower or trial court to a higher court. As long as a final order from the court ruling has been entered and you’re within the time limit to file, the family law court’s decision can be appealed. These cases include:

  • Child Custody
  • Divorce proceedings
  • Termination of parental rights
  • Domestic violence—such as issuance or denial of domestic violence orders
  • Adoption
  • Alimony

When Should I File An Appeal?

Final orders in the trial court have been entered. You are unhappy that the opposing party got more of what they asked for than you. So, you want to appeal. It is important to note that just because you feel the court proceedings were unfair to you, that is not a reason to file an appeal.

The higher court, or court of appeals, reviews for particular types of legal errors. The appellate court decides if the lower court somehow committed abuse of discretion or other legal error, such as if the evidence presented does not support the trial court’s decision, making the decision “clearly erroneous.” These are legal terms and have precise meanings and must be proved to show the trial court erred in their decision.

Generally, you cannot file an appeal if an order is only temporary. Remembering that either party may file the appeal after a final order is also essential. If you have questions on when you can file an appeal or what your state requires to prove on appeal, contact a family law attorney with appellate experience.

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