Tulsa Child Custody Appeals Lawyer

There are few things more devastating than finding out that you will be losing custody of your child. The good news is that you can take legal action to protect your parental rights with the help of a Tulsa child custody appeals lawyer.

Trust Bundy Law

The team here at Bundy Law has extensive experience in helping parents appeal court decisions. We can evaluate the case to identify legal errors or discretionary abuses that could provide grounds for a successful appeal. Our team has been in practice for years, and in that time, we’ve seen many successful child custody appeal cases. We can help with yours, too.

Why Hire a Child Custody Appeals Lawyer?

Oklahoma ranks 49th out of 50 in the percentage of custody time held by fathers in the state. On average, fathers spend just 22.4% of their children’s time with them. It should come as no surprise that many parents disagree with the child custody arrangements set forth by judges. Given that 6% of women give birth in Tulsa each year and only 51% of households include married couples, there are ample opportunities for child custody appeals.

Appealing a child custody court ruling is a challenging process. You’re more likely to be successful if you hire a child custody appeal lawyer to help you construct a case. Your lawyer can help you by evaluating the case at the outset for signs of judicial indiscretion and procedural errors. If anything comes up, you may be able to use that as grounds for an appeal.

When to File a Child Custody Appeal

You can’t appeal a judge’s decision just because you don’t agree with it. The appeals process is designed to address judicial errors in judgment and other procedural issues, so you should only file a child custody appeal if you believe the court made a mistake.

There is a strict timeline for filing appeals in Oklahoma. You must file an official petition in error within 30 days of the final administrative order. Failing to file your appeal on time will forfeit your ability to attempt to appeal the judge’s ruling, so don’t put off finding a Tulsa family lawyer who can help.

Appeals vs. Modifications

While it’s uncommon for appeals to be successful, it’s quite commonplace for parents to request modifications to child custody agreements. You can request a modification if you or the other parent’s circumstances have substantially changed. That change can be an alteration in how much money you make or the size of your house or household. When in doubt, consult a Tulsa modification lawyer about whether a modification to your child custody agreement might be appropriate.

What to Expect From the Appeal Process

The appeals process can be complex, but it always follows the same general path. Here’s what you can expect:

1. Petition in error. The appeal process begins when you file your petition in error. This document informs the court that you disagree with its decision and seek review by a higher court.
2. Record on appeal. Next, you’ll prepare the record on appeal, which should include all the documents, transcripts, and evidence from the initial case. The information will need to be reviewed by the Oklahoma Court of Civil Appeals, and the record should offer all the information required to make a decision.
3. Filing your brief. Once you have compiled all the relevant information, you must submit a brief to the court. Your brief will explain why you think the initial decision handed down by the judge was wrong. It should include your arguments backed by Oklahoma laws and legal precedents.
4. Response. The other side will have the chance to respond to your arguments by submitting their own brief.
5. Oral arguments. In some cases, appeals have oral arguments. This gives both sides the chance to speak with the appellate judge, offering you the chance to further strengthen your case.
6. Decision. Finally, after considering the briefs and, if applicable, the oral argument, the court will make a decision. It could affirm the trial court’s decision or reverse it.

FAQs

What Are the Odds of Winning a Child Custody Appeal?

The odds of winning a child custody appeal are low. Courts overturn decisions only for clear legal errors or an abuse of discretion by judges, so success depends on demonstrating that the judge misapplied the law. You can improve your chances of winning an appeal by hiring an experienced Tulsa child custody appeals attorney.

What Is the New Father Law in Oklahoma?

The new father law in Oklahoma refers to HB 3193, passed in late 2022. This bill grants unmarried fathers equal rights and responsibilities to their children once paternity has been established. Establishing paternity can be accomplished by signing an Acknowledgment of Paternity form or treating the couple as married at birth. Contact a Tulsa paternity lawyer to learn more.

Is It Worth Appealing a Court Decision About Child Custody?

It is worth appealing a court decision about child custody if you have reason to believe that the judge made significant legal errors in the form of excluded evidence, procedural mistakes, or misapplication of the law. Although appeals are difficult, it is possible to win them with the help of a skilled Tulsa family law appeals lawyer.

Why Are Child Custody Appeals So Hard to Win?

Child custody appeals are so hard to win because you need to provide proof of a major legal error made on the part of the judge. You can’t win a child custody appeal by providing evidence that you are fit as a parent. The only way to win a child custody appeal case is to prove that the judge made serious mistakes.

Your Tulsa Child Custody Appeals Lawyer

If you’re looking for a skilled Tulsa child custody appeals lawyer, look no further than Bundy Law. Our Tulsa appeals lawyers are carefully trained to tackle complex family law cases and have extensive litigation experience. Aaron Bundy is the region’s only fellow of the International Academy of Family Lawyers, and our other attorneys are just as familiar with the laws governing child custody appeals. Contact us to schedule an initial consultation today.