What Does a Family Law Appeals Lawyer Do?

 The role of a family law appeals lawyer is to challenge or defend the court’s decisions and argue that it should change or leave the lower court's final judgment in your favor.

In family law, decisions that can be challenged include: 

• Divorce decrees
• Custody arrangements
• Guardianship decisions
• Adoption
• Domestic violence

Requirements for an Appeal in New Mexico

Not all court decisions can be appealed.  Simply disagreeing with how the trial judge ruled is not sufficient grounds for an appeal.  The trial court makes decisions about the facts, and decides who is telling the truth in a dispute.  There must be met a compelling reason for an appeal to be successful, which requires a showing that the trial court made a legal error.

On appeal, you cannot present new evidence, and the appeal does not involve a new trial. Instead, the appeals judge will review the evidence originally submitted at trial and determine whether the trial court judge made an error of law that warrants overturning or modifying the original decision.

How to File an Appeal

Though any party can file an appeal, even without legal representation, the process is complicated. There are several documents that need to be filed, and they have to be done correctly, following all of the court’s specific rules and procedures.

This seven-step process is an over-simplification, but it contains the most significant milestones. 

1. Discuss the decision with your attorney to determine if filing an appeal is an appropriate step.
2. File a notice of appeal within 30 days of the written judgment.
3. Prepare and file a document that says what facts the trial court found and how the trial court judge was wrong.  At this point, there is a filing fee to proceed with the appeal.
4. Begin preparing the case, which involves determining the information to include in the appeal and ordering trial transcripts or recordings of proceedings.
5. If authorized by the Court of Appeals, file an appellate brief that contains your arguments. 
6. The court will make decisions that can include reversal, remand, affirmance, or modification.

Contact an Experienced New Mexico Family Lawyer

There is a very brief window where a party is eligible to file an appeal, and there’s no guarantee that your case will be heard. It is vital to have an experienced family law appeals lawyer on your side to be able to advocate for your rights.

Contact Batley Family Law in Albuquerque, New Mexico, at (505) 246-0500 or submit this form online to schedule a confidential case evaluation.