Costa Mesa Family Law Appeals & Writs Lawyer

Costa Mesa Family Law Appeals & Writs Attorney

Sometimes, a family law case can have an unexpected outcome, and you may believe that the court order you are now held to is unfair or somehow works against you. You may be operating under the assumption that this is the end of your legal options. This is not the case. Costa Mesa family law appeals and writs are two legal options that can challenge a family court ruling. These can be difficult cases, and it is wise to pursue them only with the help of an attorney.

At Quinn & Dworakowski, LLP, our attorneys have over 100 years of shared experience assisting clients with a wide range of family law situations, including helping them through the complicated process of seeking a writ or appeal. If you find that you are now facing appellate court, we are here to guide you through every step and ensure that your rights and interests are fought for and protected.

Defining a Family Law Appeal in Costa Mesa

In California, an appeal can occur when one party in a family law case petitions a higher court to reverse the final decision of a family law trial court. There are several orders that can take place during a family law trial that an individual may need to appeal, including the following:

• Child support. In a California divorce, legal separation, or in cases where parents are no longer in a relationship with one another, the lower-earning spouse (often the spouse with higher levels of custody) can seek child support payments from the higher-earning spouse. These payments can be used to financially support the needs of the child, including their health, education, and basic needs like food, clothing, and shelter.
• Spousal support. In the case of a divorce or legal separation, one of the parties (typically the lower-earning spouse) can seek spousal support, or alimony, from the higher-earning spouse. These payments can either be made on a temporary or permanent basis, and the courts will determine the value and duration of the support payments. This decision will be made based on the length of the marriage and the age and health of the parties.
• Child custody. When parents seek a divorce or legal separation or are no longer in a relationship together, they will need to make a decision regarding the custody of their minor children. When they cannot make this agreement themselves, the courts will order custody awards themselves, for which you may seek an appeal at a later date should you wish to do so. Custody is usually broken down into two categories, including:
  • Legal custody. This kind of custody refers to the parents’ ability to make certain decisions regarding their child’s education, healthcare, and overall well-being. Legal custody may be awarded to both parents in an arrangement or to just one party.
  • Physical custody. This kind of custody refers to where the child will primarily live and how they will split their time between the homes of each parent. Physical custody can be awarded to both parents or to just one.
• Property division. In a California divorce or legal separation, the two parties will need to make decisions regarding how they will split their shared or marital property. These items of property can include assets and debts like the family home, vehicles, business interests, bank or retirement accounts, credit card debts, and home mortgage loans. California is a community property state, meaning all these will be subject to an equitable division.

If you believe that a final court order regarding these family law issues in Costa Mesa is unfair or no longer applies to your situation, you may wish to seek an appeal or file a legal writ. However, it is vital that you only do so with the legal support and guidance of an attorney.

Reasons for Seeking a Family Law Appeal or Writ

If you believe that something was mishandled during your initial family court trial, you may be able to seek an appeal. However, keep in mind that the appellate court will not review new evidence that has been obtained following the original ruling. They will instead review the events of the initial trial and the actions of the court. The most common reasons for seeking a family appeal for a California family court ruling include:

• Constitutional violations, such as the improper gathering of evidence and any wrongful search and seizure
• Jury misconduct, such as cases where jurors fail to remain impartial during the case or they take part in some kind of illegal behavior that directly influences the case results
• Legal errors, including miscommunications made in jury instruction or errors in calculating sentences

FAQs About Costa Mesa, CA Family Law Appeals

How Long Does the Appellate Process Take in California?

Without a consultation, it is impossible to provide an exact timeline as to how long the appellate process might take in California, as there are several factors that may impact the overall time frame. These factors can include the complexity of your appeal, the original court ruling you are trying to appeal, and the availability of the appellate court.

Can I Appeal the Termination of My Parental Rights in California?

Yes, you can appeal the termination of your parental rights in California. In order to do so, you must first file a notice of appeal with the correct courts. This can be a difficult legal process, and it is wise that you only attempt it with the assistance of a family law attorney who has the experience required to support you through your appeal.

How Can an Attorney Help Me with an Appeal?

When you are seeking an appeal for an existing family court order, having an attorney on your side is vital. This individual can help ensure that you have certain grounds for an appeal and that your case meets all the requirements under California law. Having an attorney present in your case can help you save money and ensure that you get the fair outcome you deserve for your case.

How Much Does It Cost to Hire a Lawyer to Help with an Appeal?

It can be challenging to offer an exact number as to how much a lawyer might charge for their services when it comes to assisting clients through the appeals process. This is because every appeal is unique, and there are many elements of a case that can impact the final cost analysis. These factors include the complexity and duration of your appeal case and the experience of your lawyer.

Speak with a Trusted Family Law Attorney Today

Family law cases can be confusing and emotionally tense. At Quinn & Dworakowski, LLP, we are here to help you through all aspects of your family law case, including an appeal or writ you wish to file after an initial court ruling has been made. We have the experience necessary to review your case and support you through every step of the appeals process. Contact our offices today for more information and to schedule your consultation with our team.