Appealing Family Court and Divorce Proceedings in Ohio
At Durst Kerridge, we understand that the outcome of your family law case may have long-term consequences for you and your family. However, when considering an appeal of a family court or divorce decision, it should not be pursued solely based on personal preference or dissatisfaction with the outcome.
Successful appeals require legal grounds, typically involving an incorrect application of the law by the trial court judge. It is also essential that any issues raised on appeal were properly addressed or objected to during the trial, indicating disagreement and making it part of the court record.
Depending on the unique circumstances of your case, an appeal may not be in your best interest. There may be a better legal strategy, such as a motion to vacate or modify the trial court judge’s decision. An experienced family law appeals attorney from our firm can review your case and help you understand your legal options.
If you decide to move forward with an appeal to challenge the outcome of your family law case, it is critical to act quickly. The deadline for filing a notice of appeal is 30 days from the entry of a trial court order. Missing this deadline forfeits your opportunity to appeal.
Why Do You Need an Ohio Family Law Appeals Attorney?
It is important to note that an appeal is not a retrial of your family law case. The appellate process is fundamentally different from the trial process. When you appeal, you cannot introduce new evidence to support your case. Instead, after hearing arguments from both sides, the appellate panel will decide whether the trial judge made a legal mistake that affected the outcome of the case. It is critical to have an attorney on your side who knows how to effectively prepare for, litigate, and navigate this process.
Our family law appellate attorneys have nearly a decade of experience pursuing and defending appeals in federal and state courts across Ohio. We have a deep understanding of the specific legal issues that often arise in family law cases and can critically analyze the trial record, identify potential legal errors, and craft compelling arguments on your behalf.
Our record of successful family law appellate advocacy includes:
In one case, Durst won a complete “180-degree reversal” of a child custody decision after being specially hired to handle the appeal. This family law appeal victory resulted in an immediate award of custody to Durst’s clients (the child’s longstanding foster parents). The Guardian Ad Litem remarked that this result would make all the difference in this child’s life and future.
Secured an “emergency stay” of a Decree of Divorce dividing marital property, which prevented the opposing party from selling the marital residence while the case was on appeal.
Won appellate decision allowing custodial parent to make school, medical and other major decisions without interference from the non-custodial parent.
Successfully represented business-owner client in divorce appeal involving $20+ million property settlement.
Our family law appellate services include, but are not limited to:
- Reviewing the record from the trial court to identify potential legal errors and evaluate the strength of a case for appeal
- Drafting and filing a notice of appeal or motion for permission to appeal
- Seeking or challenging a stay pending appeal
- Drafting persuasive appellate briefs
- Preparing for and handling oral arguments
We are highly knowledgeable regarding:
Choosing the right attorney for your appeal can significantly impact your case outcome. A few reasons why clients choose our Ohio family law appeal attorneys include:
- Our extensive knowledge and experience. Our clients have an advantage over those who use their trial counsel during an appeal. Appellate law requires a slightly different skill set, and each appellate court has its own standards and procedures. Our attorneys are not just well-versed in family law, but specifically in the appeals process within this legal area. We know how to construct persuasive written and oral arguments that can sway appellate judges while adhering to procedural nuances.
- Our record of success. A significant part of our law firm’s practice is devoted to winning on appeal. Our attorneys have argued complex family law cases before federal and state appellate courts throughout Ohio and have achieved many favorable results. Our victories speak to our abilities and demonstrate our unwavering commitment to achieving the best possible results for our clients.
- Our compassionate representation. We understand that family law disputes directly affect your and your family’s lives, futures, and well-being. Our firm is dedicated to providing compassionate and accessible representation. We are committed to delivering exceptional appellate advocacy and emotional understanding to our clients during this difficult time.
Contact the Family Law Appellate Attorneys of Durst Kerridge
Do you need a family law appellate attorney in Ohio? At Durst, we have extensive experience and success in litigating family law appeals throughout Ohio. Our team is prepared to offer guidance and zealous representation.