Can I Appeal A Child Custody Case in Oklahoma

Appeal a child custody case

While you can appeal a child custody case, it can be difficult. Trying to navigate child custody can be one of the most emotionally challenging aspects of a divorce or separation. In Oklahoma, just as in other states, the main concern in custody cases is the best interest of the child. However, there may be instances where one party believes that the court’s decision was not in accordance with the law or the best interests of the child. In such cases, appealing the decision may be an option. Here, we will explore the process and considerations involved in appealing a child custody case in Oklahoma.

Basis for an Appeal of a Child Custody Case

In Oklahoma, child custody decisions made by a family court can be appealed if there are grounds to believe that the decision was legally incorrect or unjust. Common grounds for appeal in child custody cases include:

  1. Errors of Law: This is when a judge misinterprets or incorrectly applies the law.
  2. Abuse of Discretion: If the judge makes a decision that is seen as unreasonable based on the factual evidence presented.
  3. Procedural Errors: Mistakes made during the custody proceedings that could have impacted the fairness of the trial. This includes errors such as improper admission or rejection of evidence.

It is important to note that an appeal is not a re-trial. Rather, it is a review of the existing record to determine if there were legal errors that had an impact on the outcome of the case.

The Appeal Process

The process of appealing a child custody decision in Oklahoma involves several steps:

  1. Notice of Appeal: You must file a notice of appeal with the appropriate appellate court within 30 days of the final custody order. This is a strict deadline.
  2. Record on Appeal: The record, including all documents from the trial court, must be prepared and submitted to the appellate court. These documents should support your reasoning for an appeal.
  3. Briefs: Both parties will have the opportunity to submit briefs to the appellate court. The appellant’s brief should clearly explain why the trial court’s decision should be reversed or modified. This brief should also reference specific errors and how they impacted the final outcome of the case.
  4. Oral Argument: While not always granted, parties may request an oral argument to further advocate before the appellate judges.
  5. Decision: After reviewing everything presented to them, the appellate court will make its decision. The court may affirm the original decision, reverse it, or remand the case back to the trial court for further proceedings.

Considerations Before Filing an Appeal

Appealing a child custody case requires a lot of consideration. Consider the following:

  • Emotional and Financial Costs: Appeals can be lengthy and costly, both financially and emotionally. Consider whether the potential benefits of an appeal outweigh these costs.
  • Legal Representation: Due to the complexities involved in appeals cases, having an experienced custody attorney will help.
  • Impact on Children: Consider the emotional and practical impact of an extended legal process on your children.

After thinking about these factors, decide whether or not you want to continue pursuing the appeal.

Okmulgee Custody Attorneys

Appealing a child custody decision in Oklahoma is a legal right you have, but it requires careful consideration. Some things to think about include the grounds for appeal, the likelihood of success, and the impact on all parties involved. If you believe that a custody decision was incorrect, consulting with a custody attorney can help you understand your options and navigate the appeal process if you choose to file.

If you want to appeal a child custody case, our team at Kania Law Office – Okmulgee can help. For a free and confidential consultation with one of our child custody attorneys, call us at 918-621-8083 or click here to ask a free online legal question. To learn about other legal topics, check out our Okmulgee law blog.