Family Law Appeals in Maryland

Appealing Adverse Court Decisions in Maryland: A Legal Guide for Family Law Cases

Family law cases, including divorce, custody, child support, alimony, and visitation, are some of the most emotional and contentious legal matters. When parties are dissatisfied with the outcome of their case, they may consider appealing the court’s decision. In Maryland, appellate courts review cases to determine whether legal errors were made at the trial court level. If a party believes that a legal error occurred, they may have the option to appeal. This guide will discuss the process of appealing adverse court decisions in Maryland family law cases.

Understanding Maryland’s Appellate System

Maryland has two levels of appellate courts: the Court of Special Appeals and the Court of Appeals. The Court of Special Appeals is the intermediate appellate court, while the Court of Appeals is the highest in Maryland. The Court of Appeals hears appeals from the Court of Special Appeals, as well as certain cases from the trial courts. Family law appeals are typically heard by the Court of Special Appeals.

Grounds for Appeal in Family Law Cases

An appeal is not a new trial. Rather, it is a review of the lower court’s decision to determine whether any legal errors occurred. To succeed in the appeal, a party must demonstrate that the trial court made a legal error that affected the outcome of the case. In Maryland, there are several common grounds for appeal in family law cases:

• Legal errors. A party may appeal if they believe the trial court made a legal error, such as misinterpreting a statute or case law. If the error affected the outcome of the case, the appellate court may overturn the lower court’s decision.
• Abuse of discretion. Trial courts have a great deal of discretion in family law cases. However, if a party believes that the court abused its discretion in making a decision, they may have grounds for appeal.
• Evidentiary issues. Parties may appeal if they believe the trial court made an error in admitting or excluding evidence. However, to succeed on appeal, the party must demonstrate that the error affected the outcome of the case.
• Constitutional violations. If a party believes their constitutional rights were violated during the trial court proceedings, they may have grounds for appeal.
• Procedural errors. If the trial court made a procedural error that affected the outcome of the case, a party may have grounds for appeal. For example, if the court failed to follow the correct procedures for admitting evidence or issuing a ruling, the appellate court may overturn the decision.

Initiating an Appeal in Maryland

To initiate an appeal, a party must file a notice of appeal with the appropriate appellate court. In Maryland, the deadline for filing a notice of appeal is generally 30 days after the entry of the final judgment. However, there are some exceptions to this rule, so it is essential to consult with an experienced Maryland appellate lawyer to ensure that all deadlines are met.

After the notice of appeal is filed, the appellate court will set a briefing schedule. The party appealing the decision must file an opening brief outlining the legal errors they believe occurred at the trial court level. The other party may file a response brief, and the party initiating the appeal may file a reply brief.

The appellate court may also schedule oral arguments, during which the parties present their arguments before a panel of judges. After considering the briefs and oral arguments, the appellate court will issue a written opinion. The opinion may affirm the trial court’s decision, reverse the decision, or remand the case back to the trial court for further proceedings.

Working with a Maryland Appellate Attorney

Appealing an adverse court decision is a complex and challenging process. To succeed in the appeal, a party must demonstrate that the trial court made a legal error that affected the outcome of the case. Working with an experienced Maryland appellate attorney can help ensure that all necessary steps are taken to initiate and pursue an appeal.

An appellate attorney can review the trial court record, identify potential legal errors, and develop a strong argument for appeal. They can also ensure that all procedural requirements are met, such as filing deadlines and briefing schedules. Additionally, an appellate attorney can represent the client at oral arguments, presenting a persuasive case to the appellate judges.

Frequently Asked Questions

What is a family law appeal?

A family law appeal is a legal process by which parties who are unhappy with the decision of a Circuit Court judge in a family law case can request a higher court to review and potentially overturn the decision.

What happens if I lose my parental rights in a family law case?

If you lose your parental rights in a family law case, you may be able to appeal the decision. An appeal can potentially result in a reversal of the decision or a modification of the order.

Can I appeal the loss of my marital assets in a divorce case?

Yes, you can appeal the loss of your marital assets in a divorce case if you believe the Circuit Court judge made a legal error in the decision. However, the appeal will only be successful if the facts support the allegation that the judge made a legal error.

What should I do if I receive an unfavorable child support ruling?

If you receive an unfavorable child support ruling, you can file an appeal if you believe the judge made a legal error. It’s important to note that the facts must support the allegation that the judge made a legal error for the appeal to be successful.

Who can file a family law appeal?

Any party unhappy with the Circuit Court’s decision in a family law case can file an appeal. This includes the petitioner and the respondent.

What happens if the judge made a legal error in my family law case?

If the judge made a legal error in your family law case, you may be able to file an appeal to have the decision reviewed by a higher court. However, it’s important to note that the facts must support the allegation that the judge made a legal error for the appeal to be successful.

What do I need to prove to win a family law appeal?

To win a family law appeal, you need to prove that the Circuit Court judge made a legal error in the decision and that the facts support your allegation. You will need to present evidence to support your argument and demonstrate why the lower court’s decision was incorrect.

Choosing a Lawyer for Appealing Adverse Court Decisions in Maryland

Appealing an adverse court decision in a Maryland family law case can be a difficult and complex process. However, with the help of an experienced appellate attorney, parties can take the necessary steps to challenge the trial court’s decision. It is important to remember that not all adverse decisions can be appealed, and parties must demonstrate that a legal error occurred that affected the outcome of the case. If you are considering appealing a family law decision in Maryland, contact an experienced appellate attorney to discuss your options and develop a strategy for success.