Oklahoma Child Custody Appeals Attorney

There are few things more emotionally challenging than a child custody battle in Oklahoma. Whether you are a Tulsa parent trying to gain full custody of your child or a single dad in Stillwater trying to retain visitation rights, these cases are complicated. When the outcome of a custody case does not reflect the facts, you may wish to understand your legal options to appeal the decision. An Oklahoma child custody appeals & appellate attorney is here to help.

Why Hire the Team at Bundy Law?

At Bundy Law, our team is made up of three experienced law partners who are at the peak of their professional careers. Our Oklahoma family lawyers have worked to appeal hundreds of family law court rulings over the years and are now ready to turn our time and attention to your case. We are experienced with the legal system involved in the Oklahoma Court of Civil Appeals, where these cases are held, in both Oklahoma City on North Stiles Avenue and in Tulsa on South Houston Avenue.

Grounds for Appealing a Child Custody Ruling in Oklahoma

Nearly 25% of children under the age of 21 in the U.S. have one parent who lives outside of their household. When a parent believes there are grounds to appeal a child custody ruling, they will need to hire an experienced attorney for assistance. Your attorney can also ensure that your reason for appeal is valid under the law. In Oklahoma, some of the most common grounds for appealing a decision regarding child custody include:

• The original court misapplied the laws regarding the custody of the child
• In the original case, there was a clear and apparent abuse of discretion made by the presiding judge
• Vital evidence was excluded from the case when it should have been taken into consideration
• Evidence that should have been excluded from the case was improperly admitted

With all of these grounds, laws were misinterpreted, a judge made a serious legal error, or a procedural mistake was made that impacted the final decision of the court.

How to Appeal an Oklahoma Child Custody Decision?

Oklahoma sees a divorce rate of around 3.3 cases per every 1,000 residents, with 19.6% of these cases initiated by women. In many cases, child custody is an important topic that needs to be addressed. If you believe that the child custody ruling in your divorce was unfair or did not reflect the facts of the case, you may be able to file an appeal. To do so, it is important that you take the following steps:

• Consult a lawyer. To successfully appeal a court decision, you need to have someone on your side with a firm understanding of appellate law and how it relates to family law cases.
• File a notice of appeal. You and your attorney will then work to file a Notice of Appeal with the clerk of the district court where the original case was held.
• Prepare the record on appeal. Your attorney will then put together the official record on appeal, which will include all transcripts of the original trial proceedings, any evidence that was presented, and any other related forms of documentation.
• Submit appellate briefs. Both parties involved will then submit written briefs to the appellate court, naming the grounds on which they are seeking the appeal.
• Present argument. In certain cases, oral arguments will be scheduled before the appellate court, where the attorneys for both parties can present their case and respond to any questions the appellate court judge may have.
• Final decision. Following these arguments, the courts will make a decision regarding the appeal.

FAQs

Can I Present New Evidence in a Child Custody Ruling?

No, it is vital to remember that the appellate court will base its decision on the same evidence and information that was present in your original case, and you will not be able to present new forms of evidence or introduce new witnesses to support your side of the appeal. All decisions made by the higher court will be based on the information delivered in the original case.

Do I Need to Hire an Attorney to Appeal a Child Custody Ruling?

While having an attorney on your side is not required in a child custody appeal case, they can make all the difference when it comes to seeking your most desired outcome. Trying to appeal a child custody ruling on your own will make the situation even more challenging and will require you to have a full knowledge of family law, as well as local and state rules.

How Long Does the Appeals Process Take?

It is important to know that the appeals process in Oklahoma is not often a fast process. It will take time for your lawyer to dedicate their efforts to reviewing all original case records, researching necessary information, and drafting their official argument. The appellate court, once they have heard your case, can also take upwards of a year to reach an official decision.

What Will the Appellate Court Decide in Oklahoma?

In a child custody appeal in Oklahoma, the appellate court can make a variety of decisions based on the evidence and information involved in your case. The court may decide to reaffirm the ruling of the original case, reverse the ruling, or remand a new case, which means sending the case back to the lower court with instructions regarding specific errors.

Hire a Child Custody Appeals and Appellate Attorney Today

Appealing an official child custody order in Oklahoma is possible, given that there is a valid reason you believe a legal or procedural error was made in the original case. However, you need to hire a child custody appeals and appellate attorney who can help you achieve your desired outcome.

Aaron Bundy is Oklahoma’s only fellow of the International Academy of Family Lawyers, making him your greatest legal advocate. Contact our offices today for more information.