Appeals in Juvenile and Family Law Cases
When the trial court enters a ruling or order in a juvenile or family law case, there may be a chance to appeal the court’s decision if the court abused its discretion in making the order, the order was clearly erroneous, there was a misapplication or misinterpretation of the law, or insufficient evidence to support the court’s ruling. Simple disagreement with the court’s order is not sufficient to appeal a decision which is why consulting with an experienced appellate attorney is critical to protecting your fundamental right to parent.
In the context of Dependency and Neglect proceedings, parents are entitled to appeal any “final order” that is entered in their case, including orders on adjudication, termination of parental rights and allocation of parental responsibilities. Under limited other circumstances other issues may be appealed
and other parties such as grandparents or foster parents have a right to participate in the appellate process. An appeal in a Dependency and Neglect case could be a parent’s last chance to fight for their parental rights and keep their family together.
Filing an appeal is time sensitive and must adhere to strict procedural guidelines. An appeal is not a new trial or a chance to present new evidence for the first time. An appeal is based upon the information, evidence, and testimony that was heard by the trial court and contained in the transcripts and court record for purposes of appeal. Appeals are decided based upon written briefs outlining and arguing the legal issues that make up the grounds for the appeal and in some circumstances the Court of Appeals or the attorneys may request oral arguments.
The Court of Appeals then makes their decision to uphold the trial court’s ruling, change the ruling in whole or in part, or send the case back to the trial court for a
new trial or reexamination of certain issues. With significant experience at the trial court and appellate levels our attorneys are ready to take on your
appeal. Our attorneys prepare and litigate your cases with not only a clear understanding of the law, process and procedure but also a careful eye for spotting the issues others may miss and ensuring that all issues in your case are brought to the Court of Appeals’ attention.
Our juvenile and family law attorneys file and defend appeals in regard to the following:
Termination of Parental Rights
Adjudication of Dependency and Neglect
Allocation of Parental Responsibilities
Division of Marital Assets
Parenting Time and Visitation
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