Appealing a Custody Decision from a Family Court is a tough decision to have to make. If you are unhappy with a custody decision of a family court in Oklahoma, you might wonder what your options are going forward. While filing for a modification is possible, an appeal is also a viable option if you are within the timeframe. In this article we will address the appeal process for a custody decision in Oklahoma, including the grounds for appeal and what to expect during the process. For other important legal information, check out our Tulsa Family Law Blog.
Understanding the Appeal Process
In Oklahoma, the right to appeal a custody decision is an option if you believe that the original decision was unfair or incorrect. An appeal is a legal process where a higher court reviews the decision made by the family court to determine if legal errors affected the outcome of your case. It’s important to note that an appeal is not a way to introduce new evidence. Rather, the appellate court will review the case as it is and determine if there were any issues that didn’t follow the proper legal process
The first step in appealing a custody decision is filing a notice of appeal with the court that made the original custody decision. You must file this notice within 30 days of the decision. The timing is strict, and if you miss this window, you may lose the right to appeal. If you can’t appeal, your next best option could be to try filing for a modification of the custody order.
Grounds for Appealing a Custody Decision
Unfortunately, not every unfavorable custody decision can receive an appeal. To appeal, you must prove that the decision was based on legal mistakes. These can include:
- Misinterpretation of the law: If you believe the court applied the law incorrectly.
- Legal Errors: If proper legal procedures were not followed during your custody hearing.
- Evidence issues: If important evidence was overlooked or improperly considered, or the judge otherwise abused their discretion.
It is important to understand that an appeal is not a new trial. The appellate court will not consider new evidence or reevaluate the facts of your case from scratch. Instead, they focus on the legal aspects and procedures of the original trial to ensure everything was the way it should be. There is the potential for the appellate court to send it back to the lower court, but not always.
What You Need to File an Appeal
Filing an appeal requires careful preparation and adherence to specific legal procedures. Here’s what you’ll typically need:
- Notice of Appeal: The first step in initiating an appeal is filing a notice of appeal with the appropriate appellate court. This document notifies the court and the other parties involved that you intend to appeal the custody decision.
- Transcript of Proceedings: You’ll need a transcript of the custody proceedings from the family court. This transcript serves as the record of what transpired during the initial hearings and will be essential for the appellate court to review the case.
- Appellate Brief: An appellate brief is a written document that outlines the legal arguments supporting your appeal. It should include citations to relevant case law and statutes, as well as a clear explanation of why the higher court should appeal the lower court’s decision.
- Legal Representation: While it’s possible to represent yourself in an appeal, it’s not the best choice to usually. Seeking legal representation from a family law attorney with appeal experience is your best chance. They can navigate the complexities of the appellate process and advocate effectively on your behalf.
After filing your notice of appeal, the next step involves the preparation and submission of a legal document called a ‘brief’ to the appellate court. The brief explains why you believe the family court’s decision was wrong. The other party will also have a chance to submit their brief, defending the original decision. The court may hold a hearing where both parties can argue their positions. However, not all appeals need a hearing. Sometimes, the judges will make a decision based on the briefs alone.
What to Expect from the Appeal Outcome
If the appellate court finds that there were significant legal errors in the original custody decision that affected the outcome, they may reverse the decision. This could result in a new custody arrangement or a remand back to the family court for a new hearing. However, if they find that any errors did not significantly impact the decision, or if they find no errors, the original decision will stand. The process can take several months to over a year, and during this time, the original custody arrangements typically remain in place. It’s best to consider the emotional and financial impact on you and your children when deciding whether to appeal.
Tulsa Custody Lawyer
Deciding whether or not to appeal a custody decision is not easy. You must consider the legal basis for the appeal, the likelihood of success, and the impact on your family. If your appeal is successful, it can change the custody arrangement in your favor, but the process is challenging and requires a solid understanding of legal procedures. A Tulsa family law lawyer can help clarify the appeal process in Oklahoma. This includes the grounds on which you can appeal and the implications of starting an appeal. We will help equip you to decide if appealing your custody decision is the right path for you. If you’re considering this, contact us today at Tulsa Divorce Attorneys by calling 539-302-0303 or contacting us online for a consultation with a custody attorney.