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Child Custody Appeals in Las Vegas

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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.