Appealing A California Family Law Case In Orange County

Sometimes, judges make mistakes. When a trial judge makes a legal mistake that affects the outcome of your case, you may have the right to appeal the decision. However, it is important to understand that an appeal is not a do-over or a chance for a retrial.

As a certified family law specialist, I founded my firm, Song Family Law, APLC, to help my Orange County clients with family law cases. My name is Hogan W. Song, and I am also a published appellate attorney. When I consider taking a case to pursue an appeal, I look for specific errors, such as a judge misinterpreting a statute or abusing their discretion in a ruling.

When Can You Appeal A Family Court Decision In Orange County?

In an appeal, you are not allowed to present new evidence or testimony. You cannot appeal a case just because you forgot to include something the first time. Instead, the appellate court reviews the record to see if the law was applied correctly.

Common reasons to pursue an appeal include:

• The judge applied the wrong legal standard to your facts
• The court admitted evidence that should have been excluded
• There was a lack of substantial evidence to support the final ruling
• The judge failed to follow mandatory procedural rules during the trial

I am selective in the appellate cases I represent. This is because I only take on the cases where I can see a viable path forward. In the appellate cases that I take, my goal is to provide a luxury-level review of your trial record to identify these critical errors.

How Do You File An Appeal For A Family Court Case?

Filing an appeal is a technical process that requires strict adherence to the California Rules of Court. It begins with filing a Notice of Appeal in the superior court where your case was heard. This document tells the court and the other party that you intend to challenge the ruling. After filing this notice, we must designate the record. This involves choosing which documents and transcripts from the trial the appellate justices should review.

The steps for filing typically include:

• Filing the Notice of Appeal within the mandatory time limits
• Paying the required filing fees or obtaining a waiver
• Preparing the clerk’s transcript and the reporter’s transcript
• Drafting and filing a comprehensive opening brief that outlines the legal errors

I take pride in delivering exceptional service throughout this complex journey. As a published appellate attorney, I handle the heavy lifting of legal research and brief writing.

What Is The Deadline For Filing An Appeal?

The deadline to file an appeal in California is incredibly strict and usually cannot be extended. In most family law cases, you must file your Notice of Appeal within 60 days after you receive your formal Notice of Entry of judgment. If no formal notice is served, the deadline may extend to 180 days after the entry of the judgment. Missing these deadlines is fatal to your case, as the appellate court will lose the power to hear your appeal.

Because these timelines are so tight, if you have received a difficult ruling, you should contact me immediately. I offer the flexibility to move quickly when a deadline is approaching. I want to protect your right to be heard through timely and accurate filings.

Can You Appeal A Child Custody Or Child Support Order?

While you can appeal orders regarding child custody or child support, these cases are often difficult. Trial judges have broad authority to decide what serves the best interest of the child. To win, we must show that the judge’s decision was not just wrong, but that it was a clear abuse of discretion or based on a legal error. For support orders, we often look at whether the court used the correct financial data or followed the statewide formula.

Appealing these orders may be necessary if:

• The judge ignored evidence of domestic violence or safety risks
• The court used incorrect income figures to calculate monthly support
• The judge failed to issue a statement of decision when requested
• The ruling violated your constitutional rights as a parent

In any appeal case, I provide a realistic assessment of your chances before we move forward. Relying on my experience as a board-certified family law professional, I will help you understand the risks and benefits of challenging a custody or support ruling.

What Are The Chances Of Winning An Appeal Of A Family Law Case?

Winning an appeal is statistically challenging because appellate courts start with the assumption that the trial court’s ruling was correct. In addition, when appealing a case, your probability of success depends on several variables:

• The clarity of the legal error in the trial transcript
• Whether your trial attorney preserved the issue by objecting at the time
• The standard of review the appellate court must apply to your specific issue
• The quality and persuasiveness of the written legal briefs

I offer competitive, wholesale pricing for high-end appellate work. My selective process means I only represent clients when I believe I can add significant value. While no one can guarantee a specific result, I deliver the rigorous analysis needed for a strong appeal.

My Successful Appellate Cases

When I take an appeals case, I focus on finding reversible errors, which are mistakes significant enough that they likely changed the outcome of your case. Some of my successful appellate case victories include:

• The Marriage of Shimkus: The Marriage of Shimkus case dealt with spousal support, the disentitlement doctrine, evidentiary issues for declarations and attorney fees.
• The Marriage of Shattuck and Moss: The Marriage of Shattuck and Moss dealt with post-judgment modification of spousal support and attorney fees. It also involved the longtime soap opera star Ronn Moss, who played Ridge Forrester for 25 years in The Bold and the Beautiful.
• M.K. v. N.L.: This parentage case involved a request to set aside a default judgment wherein N.L. obtained sole custody. The Court of Appeal adopted all of our arguments and we successfully defeated M.K.’s request to set aside the judgment.

In any appeal, the burden is on you to prove that a prejudicial error occurred. However, your chances improve significantly when you work with an attorney who understands the nuances of the appellate record.

Speak With An Affordable Orange County Family Law Appeals Attorney

Not every trial lawyer has the experience to take cases to the next level. I do. At Song Family Law, APLC, in Mission Viejo and Orange, I provide my appeals clients with legal counsel, advice and representation for cases that have a likelihood of success at the appellate level.

I purposely limit my caseload in order to provide meticulous attention and innovative strategies to support each client’s unique legal needs. To schedule an appointment, call me at 714-706-3500. You can also send me a message through my website. I look forward to answering your questions and telling you more about how I can help you with your case.