Anyone who’s ever been through a divorce knows how many big decisions need to be made when separating two lives from each other. This is made even more complicated when there are children involved and you must come to agreements about child custody and support. It can be hard to be forced to make these choices that affect the rest of your life, and many times a judge will be required to make these choices for you if you can’t come to an agreement with your spouse. In cases where you feel the judge came to the wrong conclusion or made a mistake, you may be able to file for an appeal with the courts.
For help with your family law appeal, give us a call at Law Offices of Vescio & Seifert, P.C. serving individuals in Glendale & Tucson, Arizona, or anyone throughout the Phoenix Metro Area. We’re here to help you and your family move forward.
Most decisions made by a judge in a family law proceeding can be appealed, but this should only be a last resort if you’re unhappy with the result. If you’re able to discuss matters with an ex-spouse or co-parent and come to a new agreement, the courts will generally approve it. Or, you may be able to file a request for modification with the trial court for things like changes to child support or custody and this can generally be handled by the original judge. However, if you feel the judge made a mistake such as overlooking key evidence, committing a legal error, or if you’ve discovered that your ex-spouse was hiding certain information from you that would make a material change in the judge’s decision, you can appeal.
Depending on your circumstances, this could be an asset division appeal, child custody appeal, child support appeal, spousal support appeal, or paternity appeal. In all these cases, you won’t be requesting an entirely new trial; rather, you’ll be asking an appellate court to re-examine the existing evidence to determine if an error was made and if the original judge’s decision should be reversed and revised. It’s worth noting that you also have to bring forth a specific point of contention to file an appeal; you cannot simply say you don’t like what the judge decided.