Can I Appeal a Visitation or Child Custody Ruling in Orange County, CA? 2024

Child custody cases can be stressful, complex, and confusing. Thankfully, you can appeal a visitation or child custody ruling in Orange County, CA, in certain cases. In California, you have the right to file an appeal to a judge’s ruling on your visitation or child custody case. Working with an Orange County child custody and visitation lawyer who has knowledge of the appeals process can help the outcome of your case.

While you do have the right to appeal a child custody or visitation ruling in California in certain instances, you must have a solid reason from a legal perspective for your appeal to be heard. An appeal is essentially a request to overturn a ruling previously made by a judge in a trial court. Appeals are heard by the appellate court in California. The appellate court differs significantly from a trial court and has a very specific set of legal rules.

Succeeding with your case in the appellate court process can be difficult. There are certain deadlines for filing appeals, so you must also file a Notice of Appeal within a certain time after the trial court judge makes their ruling. This is the first step in the appellate process. For these reasons, it’s wise to hire an attorney who has experience with the appellate process if you believe the ruling a judge made in trial court regarding your visitation or child custody case was unjust.

Reasons for Appealing a Visitation or Child Custody Ruling

Reasons for appealing a child custody or visitation ruling go beyond simply disliking the outcome of your case. Appellate courts ensure trial courts follow the law, so you should not consider an appeal a retrial of your case. You must be able to prove to the appellate court that the trial court judge made a mistake in terms of adhering to the laws in California. Examples of mistakes a judge could make include:

• Incorrect or improper application of relevant family court laws.
• Lack of evidence to support the ruling or overlooking certain evidence presented by one of the parties in trial court.
• Abuse of discretionary authority.

If new evidence arises to support your case after the judge makes their ruling in trial court, that could be another potential reason to file an appeal of the outcome of your case.

In order to be able to properly identify a mistake made by the judge in trial court, you must have a thorough understanding of California family court laws. This is why hiring an experienced family law attorney is important. A family law attorney who has knowledge of the appellate court process in California can help you understand if you have legal grounds to appeal a ruling on your child custody or visitation case.

Will My Appeal to a Child Custody or Visitation Ruling Be Heard?

Filing a Notice of Appeal does not always mean your appeal will be heard by the appellate court. You also must submit an appellate brief that explains why or how the trial court judge made a mistake or mistakes from a legal perspective in your child custody or visitation case. The appellate court reviews the appellate brief to determine if there are valid legal grounds for your appeal and if they should, therefore, hear your case.

The appellate brief must explain in detail what ruling you believe should be appealed, why you believe the judge in trial court made a mistake, and how this misapplication of the law has caused you harm. Because the appellate brief is an essential component of the appeals process, it’s advisable to hire a family law attorney who has experience with the appellate courts in Orange County and has the knowledge to produce adequate appellate briefs.

FAQs

Q: How Do I Appeal a Child Custody Ruling in California?

A: To appeal a child custody ruling in California, you must first file a Notice of Appeal with the appellate court that serves your district. You must be prepared to prove that a misapplication of the law occurred in your trial and that the judge made a mistake from a legal perspective. Working with an experienced family law appeals lawyer who has knowledge of the appellate process in California can help the outcome of your appeal.

Q: How Do I Appeal a CPS Decision in California?

A: To appeal a CPS decision in California, the first step is to file a Notice of Appeal with the appropriate appellate court. The appeals process in California is generally complex and can be even more complicated when it comes to CPS cases. Consider hiring a family law appeals lawyer to help you understand your rights to appeal a CPS decision. A knowledgeable attorney can guide you through the appeals process.

Q: What Not to Say During a Custody Battle?

A: What you should not say during a custody battle can include derogatory remarks about the other parent or any statements that undermine your credibility as a responsible parent. This could include statements or remarks made online on social media or via text message. You should also avoid lying to your attorney. Misinforming your lawyer does not give them the ability to develop the appropriate legal strategy for your custody dispute.

Q: How Do You Win a Custody Battle in California?

A: To win a custody battle in California, you must prove that you are a responsible parent and are capable of taking care of your child’s basic needs. The family law courts in California focus on what is in the best interest of the child or children involved in a custody dispute. Hiring a family law attorney to represent you in a child custody case can help you navigate the legal process and potentially reach a positive outcome.

Contact Quinn & Dworakowski, LLP, for Child Custody and Visitation Appeals

If you believe a judge made a mistake in the ruling of your child custody or visitation case, you need a family law attorney who has experience with appeals. The attorneys at Quinn & Dworakowski, LLP, have that experience and can help you through the complex appeals process in Orange County, California. We can review the details of your child custody or visitation case and explain your options for appealing. Contact us today for an evaluation.