Family Law Appeals Attorney in Anne Arundel County, Maryland

If you're facing the uncertainty of a family law decision that didn't go your way, you need a skilled and compassionate advocate on your side. Attorney Kathleen M. Kirchner is dedicated to fighting for your rights in Anne Arundel, Maryland, and the surrounding areas.

Whether it's a custody dispute, property division, or alimony decision, Kathleen is experienced in working through the challenges of family law appeals, providing you with legal guidance every step of the way. Don't let an unfair ruling dictate your future—contact the firm today for a consultation.

The Maryland Appellate System

Maryland has a structured system designed to review decisions made by the lower courts. Appeals in family law cases are typically heard by the Court of Special Appeals (the intermediate appellate court) or, in rare cases, the Court of Appeals (Maryland’s highest court).

1. Court of Special Appeals: The Court of Special Appeals is the first level of appeal for family law cases in Maryland. It's composed of 13 judges and reviews decisions made by circuit courts in civil and criminal cases, including family law matters. The Court of Special Appeals does not conduct new trials or hear witnesses. Instead, it reviews the record from the trial court and determines whether the lower court made any errors of law or abused its discretion.

2. Court of Appeals: The Court of Appeals is the highest court in Maryland, and it hears only a small number of cases each year, often those with broad legal significance. It has the discretion to grant a petition for certiorari (a request for review) from the Court of Special Appeals or from a lower court. If the Court of Appeals decides to hear a case, its decision becomes binding statewide.

To build a strong case, it's essential to establish that you have valid grounds for an appeal. Attorney Kathleen M. Kirchner is here to help guide you through the process and set up your case.

Grounds for Appeal in Family Law Cases

Identifying the right grounds is critical to the success of your appeal, and Attorney Kathleen M. Kirchner can help you determine the right strategy for your case. Some common grounds for family law appeals include:

1. Errors of law: An appeal can be based on the assertion that the trial court misinterpreted or misapplied the law. For example, if the lower court applied the wrong legal standard for determining child custody, this could be grounds for appeal.

2. Abuse of discretion: Family law judges have broad discretion in making decisions regarding custody, alimony, and property distribution. However, if the judge’s decision was unreasonable or arbitrary, the appellate court may find that the judge abused their discretion.

3. Inconsistent findings: If the trial court's factual findings are not supported by the evidence presented, this could be grounds for appeal. For instance, if a judge awarded custody to one parent despite overwhelming evidence that the other parent was better suited to care for the child, an appellate court might overturn the decision.

4. Procedural Errors: If the trial court made errors in the procedural aspects of the case—such as failing to allow certain evidence or improperly limiting testimony—this could lead to an appeal. These errors must be shown to have affected the outcome of the case.

5. New Evidence: In rare circumstances, an appeal can be based on new evidence that was not available during the original trial. However, the new evidence must be significant enough to likely alter the trial court's decision.

If you have the grounds for an appeal, don't hesitate to reach out to a lawyer. Having an experienced attorney like Kathleen may help assure you that your case is handled efficiently and effectively throughout the entire process. 

Working Through the Process

The appellate process can be complicated and time-consuming, but understanding the key steps involved can help you prepare for what's ahead. The critical stages in Maryland’s family law appeals process include:

1. Notice of Appeal

In Maryland, the Notice of Appeal must be filed with the court clerk within 30 days after the entry of the final judgment or order being appealed. This time frame is strict, and failure to file within the prescribed time limits generally results in the loss of the right to appeal.

The Notice of Appeal informs the court and the opposing party that you're challenging the decision and are seeking appellate review. Once the Notice of Appeal is filed, the appellant (the person appealing the decision) is required to pay filing fees and may also need to request the preparation of the record of the case, which includes the trial court's transcripts and exhibits.

2. Record on Appeal

The record on appeal is the collection of documents and transcripts from the trial court that the appellate court will review. This includes:

• The trial court’s written order or judgment.

• The transcript of the hearings or trial (if applicable).

• Exhibits presented during the trial.

• Pleadings and motions filed in the case.

The appellant is responsible for helping make sure that the record is complete and accurately reflects what transpired in the trial court. This can involve ordering a transcript from the court reporter if one is not already available.

3. Briefs

The appellant's brief is a written argument explaining why the trial court’s decision was incorrect and should be overturned. The brief must be filed within 40 days after the record is filed. It includes the following components:

• Statement of the case: A summary of the facts, the issues on appeal, and the procedural history.

• Argument: A detailed discussion of the legal issues and why the trial court’s decision was erroneous. This section is critical, as it explains the legal basis for the appeal.

• Conclusion: A request for relief, such as a request for the decision to be reversed or remanded for further proceedings.

The appellee (the party opposing the appeal) has the opportunity to file a responsive brief within 30 days after receiving the appellant’s brief. In some cases, the appellant may file a reply brief to respond to the appellee’s arguments.

4. Oral Argument

During an oral argument, attorneys for both parties have the opportunity to present their case before the appellate judges and answer questions from the judges. 

The oral argument is typically brief (about 15-30 minutes per side) and focused on the legal issues raised in the briefs. The appellate judges may ask questions to clarify certain aspects of the case or to probe the legal arguments further.

5. Appellate Decision

The Court of Special Appeals typically issues written opinions, which may either:

• Affirm the lower court’s decision (agreeing with the trial court).

• Reverse the lower court’s decision (disagreeing with the trial court).

• Remand the case to the trial court for further proceedings (returning the case to the lower court for additional consideration or action).

In family law cases, the appellate court will often remand cases when it finds that the trial court didn't fully consider certain aspects of the case or when further factual determinations need to be made. In rare instances, the appellate court may issue a decision that directly resolves the matter.

6. Further Appeals

If a party is dissatisfied with the decision of the Court of Special Appeals, they may petition the Court of Appeals for review by filing a petition for certiorari. The Court of Appeals is selective in the cases it hears, and it grants certiorari only in cases that present important legal issues or conflicts between different appellate decisions.

Legal Standards in Family Law Appeals

When reviewing family law cases, appellate courts in Maryland apply specific standards of review:

• De novo review: This standard applies to questions of law. If a family law case involves a question of statutory interpretation or the application of legal principles, the appellate court will review the issue de novo, meaning it will examine the issue without deferring to the trial court’s decision.

• Abuse of discretion: This standard applies to cases where the trial court had discretion in making a decision, such as in child custody or alimony determinations. The appellate court will only overturn the decision if the trial court abused its discretion, meaning the decision was arbitrary, unreasonable, or made without proper consideration of the facts.

• Clearly erroneous: This standard is used when reviewing factual findings. The appellate court will only reverse the trial court’s findings of fact if they're clearly erroneous, meaning they're not supported by the evidence.

Family law appeals in Maryland are a critical mechanism for making sure that individuals receive fair outcomes in legal matters affecting their families. Those considering family law appeals should consult with an experienced family law attorney who can guide them through the process to assure that their legal rights are protected.