California family courts and their judges are not perfect, and sometimes a court makes a decision in a family law case that a spouse or parent believes is incorrect. If this situation has happened to you, it is important to know that you have legal options and can appeal the decision to a higher court. At The Appellate Law Firm, our office understands how important your legal case is to you and will zealously advocate for your interests at the appellate level. To learn more about how our office can help in your family law case, call or contact us today to schedule a free consultation.
When Can You Appeal?
In a California family law case, only certain situations can be appealed to a higher court. Most temporary orders are not appealable during a divorce unless an emergency or extraordinary circumstance arises. The vast majority of appealable orders are final family law judgments made by the court. However, almost every type of final order can be appealed, including judgments on the distribution of property, spousal support, child custody, visitation, child support, and more. Once a final judgment is rendered, you typically have a short window of time to file an appeal with the court about your family law matter.
How the Appellate Process Works
The appellate court operates differently than the trial court level. At the appellate level, no new evidence is presented and no witnesses take the stand. The appellate court reviews the record of the trial, which includes the transcript, evidence presented, and witness testimony, along with the written and oral arguments of your appellate attorney in order to render a decision. The purpose of the appellate court is to determine whether the trial court erred in fact or law when making their final decision on your family law issue. The appellate court can either affirm the trial court’s decision, reverse the decision, or remand the issue back to the trial court with additional guidance on the matter.
Situations Involving Children
When the family law judgment involves the well-being of a child, such as child custody, visitation, or support, the appellate court will review the decision of the trial court through the lens of what is in the best interests of the child. California law has a list of factors that the appellate court will take into consideration when determining whether the trial court rendered a judgment that was in the best interests of the child. Your appellate attorney will be able to review these factors with you so that you have a better understanding of what the court is looking for in your case.
Talk to Our Office Today
Appealing a family law decision can be a complicated process, but our office is here to help. To learn more about your legal options after a family court decision, call the office or contact us today at The Appellate Law Firm in California today to schedule a free consultation of your case with an experienced appellate attorney.