Child Custody Appeals in Las Vegas
Speak with a Las Vegas Family Lawyer Now!
Family law matters are rarely straightforward, and it’s impossible
to create laws that can adequately deal with every single unique situation
that arises. As such, judges are tasked with the difficult job of trying
to apply existing laws to unique child custody situations and develop
a plan that provides a loving and nurturing environment for the child
while also making the plan work with both parents while still adhering
to the laws that bind them.
That being said, these judges are human and that means they’re far
from perfect or immune from making mistakes. As a result, it’s not
unheard of for an error to negatively impact the outcome of your child
custody decision. If you feel as though this is the case with your situation,
don’t hesitate to reach out to a Las Vegas family law attorney from
Leavitt Law Firm today and find out more about the appeals process. Our firm knows how
important your matter is to you, and we aren’t afraid to serve as
your fierce, unwavering advocates on your side through every step of your
case, and beyond. We know the laws, and we put them to work protecting
your rights and helping you achieve the best possible outcome to your
stressful family law matter.
Call Leavitt Law Firm today at 702-996-6052 to request a case evaluation
and get help with the complex and often-confusing family law appeals process.
When Can You Appeal Your Case?
Contrary to popular belief and portrayal on TV and in movies, you can’t
simply appeal the outcome of your case because you didn’t like the
outcome. If your judge followed all applicable laws and acted in a way
that was fair and unbiased, odds are your appeal request will likely be
thrown out before it will even be heard. Instead, appeals are reserved
for when a mistake or otherwise unfair factor negatively influenced the
outcome of your case.
You can appeal your case when:
- Your judge misinterprets or misapplies the law
- Your judge issues their decision acting on bias against you
- Your judge fails to properly give weight to evidence that supports your position
- Your judge gives too much weight to evidence against you
- Your judge fails to make proper factual findings in support of their decision
What’s important to note is that appealing your case does not allow
you to submit any additional evidence that can support your reason for
wishing to have the initial decision overturned. The appeals court will
review all court documents from the previous case as well as briefs (statements)
filed by both parties, but you cannot add any additional evidence or documentation
that would support your claim.
The Appeals Process
The appeals case starts with filing a Notice of Appeal within 30 days of
your initial decision being entered into the record. When you file for
an appeal, you’ll need to serve notice to the other party (in this
case, the other parent) and give them the opportunity to respond. Both
of you will submit briefs (statements) to the court along with court documents
from the initial decision.
The court will weigh both of your statements and the documents from the
previous decision to determine whether your claim of error is warranted.
This means there are three different ways your outcome could go:
- Your appeal could be accepted, reversing the initial decision
- Your appeal could be denied, confirming the initial decision
- Your case could be sent back to the lower court with special instructions
on how to proceed
Because the appeals process can be complex and filing for an appeal successfully
without making a mistake can be difficult without knowledge and experience
in family law, speak with Leavitt Law Firm today by contacting us online
now to get the help you need.