The family court system works hard to make fair orders, and while most cases work out justly, there are times when mistakes happen and a judgment fails to meet the needs of all parties. It can be challenging if you were on the receiving end of a judgment made in error of the facts in your case. If you think the result in your case was caused by an error made by the judge in your case, it can be difficult to know how to reach a resolution you feel is more equitable. You may even be wondering what legal recourse you have regarding your case. The court requires substantial grounds to file an appeal. While it is possible to appeal a family court judgment, it’s not an easy process. There are many deadlines and processes that must be adhered to exactly. Before pursuing a family court appeal, it would be wise to consult a family law attorney.
Family court decisions that can be appealed:
- Spousal support
- Child custody
- Child support
What Is an Appeal?
Contrary to misconceptions about the appeal process, it is not the same as being granted a new case. It’s an opportunity to have your evidence reviewed again by different eyes. All evidence and witnesses will be the same as in your first appearance. The purpose of the appellate court is to review cases for mistakes and decide if those legal errors affected the outcome of the judgment. While waiting for information about your appeal, your original court order is still active. Your attorney can file for the original order to be stayed, but it’s not always granted. You may still have to adhere to the original order while your case is reviewed.
Alternatives to Appealing Your Case
The appeals process is not easy. It can be a long and expensive process, plus, the court may not agree with your motion, and your case may not be granted an appeal. If your situation is dire and an appeal is your only option, then filing early and creating a well-crafted appeal could be your best option. However, an attorney familiar with the details of your case will be your best source of advice about how to proceed.
Here are several alternatives to filing an appeal:
- You could have the judgment set aside or vacated
- You could file for a motion for reconsideration
- You could file a motion for a new trial
- You could apply for a renewal
If your goal is to enter new evidence, witnesses, or apply new laws to your case, an appeal would not be your best avenue to get your order changed. But, if your goal is to have your order changed because you think there were errors in your case, then an appeal is the proper channel for your request.
Helping Clients Fight to be Heard in Family Court
Family court can be difficult for many families, but you can have your voice heard with the right legal representation. At Creative Family Solutions, our attorneys will work with you to appeal your family court judgment. Whether there were mistakes in your spousal support order or your custody and visitation plan, we can help you navigate the system. Our team of attorneys is ready to review the details of your case today. Contact us today at (916) 675-3866 to schedule a consultation. You can also contact us online.