Appealing a child custody order can be a tough call to make. If you have recently received a child custody order from a family court in Oklahoma and you are unhappy with the decision, you might be wondering if you can appeal the ruling. Read below for more on the process of appealing a child custody order in Oklahoma, including what you need to know and the steps you must take.

Understanding the Basis for an Appeal

In Oklahoma, as in other states, an appeal is a process for requesting a higher court to review and change the decision of a lower court. However, you can’t appeal all decisions. Generally, you can only appeal final orders, meaning the decision completely resolves the issue at hand, with no further matters left pending in the case.

Before you consider an appeal, it’s important to understand that an appellate court does not simply re-evaluate the facts of your case or hear the entire matter as if it were a new case. Instead, the appeal will focus on whether there were legal errors in the way the court applied the law or in procedural steps that could have significantly affected the outcome of the case.

Grounds for Appealing a Child Custody Order

Appealing a custody decision requires that you have a valid reason, known as grounds for the appeal. These typically involve demonstrating that the judge made a legal error, misinterpreted the law, or that there was a serious procedural mistake that impacted the decision. Some common grounds for appealing a child custody order include:

• The court misapplied laws pertaining to custody.
• Evidence was admitted improperly that should have been excluded.
• Critical evidence was excluded that should have been considered.
• There was a clear abuse of discretion by the judge.

Appealing a Child Custody Order

The appeal procedure starts with a notice of appeal with the same court that issued the custody order, usually no later than 30 days following the decision. This step is crucial because missing this deadline can mean losing your right to appeal. Along with the notice, you will likely need to submit various documents, including a copy of the custody order and any other relevant paperwork from your case.

After the filing of the notice of appeal, the process of preparing the record on appeal begins. This record includes all the documents, evidence, and transcripts from the family court proceedings. Your lawyer will also need to prepare a brief arguing why the custody decision should be reversed, based on the legal errors or procedural issues identified.

What Happens During the Appeal?

Once you file your appeal, the higher court will review the materials submitted without holding a new trial. The judges will examine the record from the lower court to determine if there were errors that justify changing the custody order. Both sides may have the opportunity to present oral arguments, but this is not always the case.

The appellate court can affirm the decision, which means they agree with the lower court’s ruling, or they can reverse it, potentially leading to a new trial or a different ruling from the lower court. In some instances, the court may also remand the case, sending it back to the lower court with instructions to correct certain errors.

Potential Outcomes and Considerations

Appealing a custody decision is a complex and often lengthy process. It can take several months to over a year to complete, during which time the original custody order generally remains in effect. This means you must comply with the current custody arrangement until the resolution of the appeal.

Furthermore, appeals can be expensive. Legal fees, court costs, and the cost of preparing transcripts and other documents can add up. So, it’s vital to consider the emotional and financial impact of an appeal on you and your child.

Claremore Appellate Attorneys

Appealing a child custody order in Oklahoma is possible if you believe there has been a significant legal or procedural error in your case. However, it requires careful consideration of the grounds for appeal, the potential impact on all parties involved, and the overall feasibility of achieving a different outcome.

Because of what needs to happen in appealing a child custody order, consulting with an experienced family law attorney is wise. They can help you understand the likelihood of success on appeal and guide you through the legal steps involved. Reach out to us at Claremore Attorneys by calling 918-379-4872 or online for a consultation.