When judges are required to make decisions in family law matters (like child custody and support, property division, alimony, adoption and grandparent visitation), one party is typically unhappy with that decision. However, that usually doesn’t mean they have grounds to appeal it.
The Indiana Court of Appeals will hear cases only if a trial court judge has failed to follow the law or proper procedures. For example, maybe a judge misapplied or misinterpreted the law, ignored the most recent changes to the law, didn’t follow the correct legal procedures, failed to consider relevant factors or abused their discretion. Any of these can be grounds for appeal if the ramifications of a decision are significant.
Some important points about appeals
Note that only final judgments can be appealed. Often, in family law cases, judges will hand down temporary orders (for example, on custody matters, while one parent’s claims about the other are investigated). Those wouldn’t be taken up by the Court of Appeals unless and until a temporary order becomes a final one.
It’s also important to know that appellate courts don’t relitigate a case. The facts of the case are stipulated. These courts are there to determine whether the law was applied correctly or a procedural or other issue requires having a decision by a lower court overruled.
Typically in Indiana, a Notice of Appeal must be filed within 30 days of when the final decision of the lower court was handed down. That means it’s crucial to act quickly if you believe a decision warrants an appeal.
Appeals cases are very different than traditional family law cases. They require unique legal guidance. That’s why it’s essential to put your case in the right hands.