Court decisions concerning your family can be very tough to hear, but it’s important to know whether or not there is something you can do about them. You may already be familiar with the appeals process, which essentially allows people to have their legal cases go under second review in a higher court, in the hopes of receiving a more desirable outcome. But can you appeal family court decisions in Arizona?
It is possible, though the outcome of your specific case will depend on a variety of factors. Consulting with an experienced family law appeal lawyer is crucial to increasing your chances of success though, so we strongly encourage you to reach out to us as soon as possible. In the meantime, here is some useful information about the appeals process in Arizona and how it pertains to family court decisions.
Fast Facts About Appeals
- Appeals can only take place in a ‘higher court’. This means that you will not be able to appeal in another family court setting, which is considered lower court. Instead, your case will go up to Appeals Court.
- Your appeal will not be an entire re-do of the case. No new evidence, witnesses, statements, etc. may be introduced.
- Only final orders are eligible for appeals, and temporary orders (those where not all issues / questions may be firmly resolved) require permission to be appealed, and they may be denied.
What Kind of Family Court Decisions Can Be Appealed?
There is no cut and dry list of what kinds of family court decisions can be appealed. Rather, you’ll need to put together a compelling argument for why you believe the court decision was a mistake, in violation of Arizona law, or otherwise blatantly unfair. A good family law appeal attorney will be able to help you with this. If your argument is deemed valid and a better solution is available, the court will agree with you. However, if the previous court decision is determined to have been reasonable and made based on sufficient evidence, your appeal will not be successful.
How the Appeals Process Works
Before you do anything, you will need to determine if you have a valid argument for an appeal. You will then need to check with your local county court to see what kind of documents you will need to fill out and submit in order to file your appeal. An attorney can help you fill everything out and make sure that nothing is forgotten. You will also have to pay a filing fee to officially submit the appeal request.
Next, you will have to officially notify the opposing party that the appeal was filed (the local court will tell you how to acceptably do so). Then, for court review, you will need to draft a memorandum that lists out all the reasons for your appeal.
Once everything is complete and submitted, you will need to wait for the court to either approve or deny your appeal. If approved, your case will move forward and be reviewed in more detail. The original decision will then be upheld or changed.
How The Sampair Group Can Help You
The Sampair Group is one of the premier firms in Arizona specializing in family law. We have years of experience helping families and individuals navigate the complex system of family court, including the appeals process. Our areas include divorce, spousal support / alimony, child support, child visitation, child custody, community property, separate property, breach of fiduciary duty, and much more.
If you’re hoping to appeal your family court decision, we invite you to reach out as soon as possible. Let us start helping you today!