Fountain Valley Family Law Appeals & Writs Lawyer

Fountain Valley Family Law Appeals & Writs Attorney

Taking on a family court case can be extremely stressful. However, your frustrations will likely only increase when the outcome doesn’t end in the way you had wished for. Unfortunately, these situations happen all the time, and when they do, you may be able to seek Fountain Valley family law appeals. However, keep in mind that the appeals process can be difficult, and you should only progress with the legal support and guidance of an attorney.

At Quinn & Dworakowski, LLP, our attorneys have over 100 years of shared experience between them, representing individuals who face a wide range of family law cases, including situations of legal appeals. Before you even begin the complicated process of filing these appeals, it can be wise to speak with an experienced divorce lawyer who can better help you understand what you need to know when seeking an appeal for a California family court order or final judgment.

What Is a Family Law Appeal in Fountain Valley?

In California, an appeal allows individuals to seek the review of a family law court order or judgment by a higher court. These appeals target any legal errors that might have been made by the family courts in the original ruling. If there are legal mistakes present, an appeal may result in a complete and total reversal or a modification to the court’s original decision.

Your main goal should be to achieve an outcome that aligns with your original wishes in your family court case. Most often, these appeals are related to family law cases such as the following:

• Spousal support. In a divorce or separation case in Fountain Valley, the involved parties will need to reach an agreement regarding spousal support. When they cannot reach an agreement, the courts will make a determination for them, and this ruling may be appealed in the future. Typically, spousal support is required of the higher-earning spouse to be paid to the lower-earning spouse. The duration of the payments is based on the following:
  • The length of the marriage
  • The age and health of the parties involved
  • The ability of the lower-earning spouse to seek gainful employment or education
• Child support. When parents divorce or separate, they must come to an agreement regarding child support (the payments made to the lower-earning parent of the children by the higher-earning parent). If you believe that a child support ruling is unfair in any way, you may seek an appeal to reverse the original ruling. Child support payments can cover the following items:
  • Basic needs of the child, including food, clothing, and shelter
  • Education of the child
  • Extracurricular activities of the child
  • Healthcare of the child
• Custody of children. Similar to child support cases, in a divorce or separation, parents will need to reach an agreement regarding the custody of their children. Typically, custody is shared in some form between the parents. However, in other cases, one parent may completely lose all their parental rights. In these situations, this parent may be able to seek an appeal and regain some kind of custody of their child.
• Domestic violence. In many family law cases, the issue of domestic violence can arise. As a victim of domestic violence, if you believe that your abuser was not found to be guilty or punished by the courts in a family law case, you may be able to seek an appeal. Likewise, if you have been falsely accused of domestic violence in family court, you have the right to file an appeal with a court of higher standing.
• Settlement of divorce. Divorce settlements are one of the most common reasons individuals seek appeals. If you believe any aspect of your divorce settlement was unfair or there was a court error made that resulted in a case’s ruling not coming out in the way you hoped for, you may be able to seek an appeal. Most appeals regarding divorce include aspects of property division, spousal support, or child custody.

FAQs About Fountain Valley, CA Family Law Appeals

What Is Considered to Be in the Best Interest of the Child in a Custody Case?

When a family court judge makes a determination on child custody, they will often take into account what they believe to be in the best interest of the child. When making this determination, there are several factors they will consider, including the age and health of the child, the connection the child has to their current school or community, and any history of abuse on the part of either parent.

What Are the Steps in the Appeals Process?

There are four main steps in the appeals process in California. The first step is hiring an experienced lawyer who understands how this complicated process works. The second step is to sit down with your attorney and ensure you are eligible for an appeal. The third step is the actual filing of the appeal, which your attorney can assist you with. The final step involves preparing the record, the appeal, and your oral argument.

What Do I Need to Prove in Order to Successfully Appeal a Court Ruling?

In order to seek an appeal for a family court ruling in California, you need to prove that a legal error or a number of legal mistakes were made during the initial court trial of your case and that these errors directly impact the final judgment of your case. Appeals do not involve any new evidence that might have been found for the first case after it was closed.

What Are the Grounds for an Appeal in California?

There are several grounds on which to seek an appeal in California, including any constitutional violations like the improper gathering of evidence, any misconduct made by the jury involved in the original case, any legal errors made during the case like miscommunicating instructions to the jury, and any misinterpretation or misapplication of laws pertaining to the case.

Speak with an Experienced Family Law Attorney Today

If you feel as though the final decision of a family court has left you in a place of disadvantage, you have the legal option to file an appeal or writ. However, it is vital that you only do so with the counsel and representation of an attorney, as these cases can be highly complex and challenging. At Quinn & Dworakowski, LLP, we are here to do everything in our power to help you achieve the results you are hoping for. Contact our offices today.