An appeal is a request to a higher court to review a decision of a lower court. We are not relitigating; it is a check on whether the court got it right or wrong previously. You can usually appeal if the court made a final decision about your case or a specific issue.
If you’re thinking about a family law appeal, it’s completely normal to have questions or feel unsure about what comes next. The process can be complicated, and there are important rules and deadlines to follow. It’s helpful to talk things over with someone who understands the system and can explain your options, so you can make the best decision for your situation.
Maybe the judge misunderstood or misapplied the law in your case. For example, they might have used the wrong rule or failed to follow the proper legal steps.
This means the judge made a decision that was so far off base, most judges in the same situation wouldn’t have decided that way.
Sometimes, the court doesn’t follow the required legal procedures. This could include not allowing you to share important evidence, skipping a hearing you were supposed to have, or failing to respect your rights throughout the process. These mistakes can really impact your case and are strong reasons to appeal.
If you find important evidence after your trial that you couldn’t have found sooner, this may be a reason for a review. Usually, you’d file a motion to reconsider, but if the new information could change the outcome, it’s worth discussing.
If your previous lawyer made a serious error—like missing deadlines, not telling you about important offers, or failing to present key evidence—this could also be a reason to appeal. These cases can be tough, but it’s important to know your options.
It’s also important to remember: Appeals aren’t for when you simply disagree with the judge’s opinion or how they saw the facts. Appeals are about serious mistakes that may have changed the outcome of your case.
If you want to start an appeal, you’ll need to file a notice of appeal. This allows the higher court to step in and review your case. You’ll need to say which decision you’re appealing and sign the notice (or your lawyer can do it for you).
Timing is critical when you appeal! You’ll have to file your notice of appeal within these deadlines:
There are some fees involved with filing an appeal.
You and the other party will both write briefs (written arguments). Usually, there are three briefs involved:
You can choose to appeal just one part of a judgment if that’s where you feel things went wrong.
Usually, appeals have to wait until there’s a final judgment. You can’t appeal temporary orders until your case is finished.
If you’re facing a family law matter that you need to appeal in San Diego or anywhere in California, reach out for a confidential consultation. We will listen to your concerns, answer your questions, and advocate in your best interest.
Call (833) 931-1615 or complete our online form to schedule your appointment with a dedicated San Diego child custody attorney today.
Life is bound to change; there is simply no way around it. In California, the family court system recognizes this, and, in certain cases, you may be able to seek a modification regarding a family law ruling or court order. Modifications are different from appeals, as a modification does not actually turn over the court’s original decision, but rather edits the order that already exists to fit the changes you or another involved party has experienced.
In family court, an individual may seek modification of child support if they have lost their job, retired, or suffered a disability. You can also seek a modification regarding spousal support on grounds of a loss of income, or in cases of remarriage or cohabitation. These are not grounds on which an individual can seek an appeal, but rather, you may be able to petition the courts for a modification.
With deep roots in the San Diego community and extensive experience in California family law, our attorneys are committed to guiding parents with authority and compassion. At Burgos Santoyo Smith, you get the experience of seasoned litigators with small firm attention. We recognize that family law cases go beyond legal results. They shape the future and well-being of your family.
