Kansas Family Law Appeals Attorneys

Family law appeals in Kansas can provide you with a legal recourse to challenge a trial court’s decision when you believe it to be incorrect or unjust. Understanding how the appeals process works in family law cases is essential if you are seeking to overturn or modify a lower court’s judgment.

The right legal representation is necessary for a successful appeal, and our appellate family attorneys at Vinton | Moore are ready to assist you.

How Family Law Appeals Work in Kansas

Below is an overview of how family law appeals function in the state of Kansas. To discuss your specific options, contact our office directly today.

Initiation of the Appeal

The process typically begins with the dissatisfied party, referred to as the “appellant,” filing a Notice of Appeal within a specified timeframe. In Kansas, this notice must be filed within 30 days of the lower court’s final judgment or order. It is essential to adhere to this strict timeline, as failing to file within the prescribed period can result in the appeal being dismissed.

Appellate Court Jurisdiction

In Kansas, family law appeals are generally heard by the Kansas Court of Appeals, a higher court tasked with reviewing the decisions of lower trial courts. It’s worth noting that not all family law matters are eligible for appeal. Appeals courts typically review questions of law rather than issues of fact. This means that the appellant must assert that the lower court made a legal error in its decision.

Record on Appeal

The appellant is responsible for creating and transmitting the “record on appeal” to the appellate court. This record includes all relevant documents, transcripts of hearings, exhibits, and any other materials necessary for the appellate court to review the case. The record on appeal is crucial, as it forms the basis for the appellate court’s assessment of the lower court’s decision.

Briefs and Oral Arguments

Both parties, the appellant and the appellee (the party opposing the appeal), have the opportunity to submit written arguments known as “briefs.” These briefs present the legal arguments and evidence supporting their respective positions. Oral arguments may also be scheduled, during which the parties can present their case before the appellate panel. While oral arguments are not mandatory, they provide an opportunity for further clarification and persuasion.

Appellate Court Decision

After reviewing the record on appeal, briefs, and any oral arguments, the appellate court will render a decision. This decision may affirm the lower court’s judgment, reverse it, or remand the case back to the lower court for further proceedings. The appellate court’s decision is typically provided in a written opinion that outlines the court’s reasoning and legal analysis.

Further Appeals

In some cases, either party may be dissatisfied with the appellate court’s decision and seek further review by the Kansas Supreme Court. However, the Kansas Supreme Court has discretion in deciding which cases it will review. Permission to appeal to the Supreme Court is granted through a petition for review.

Enforcement of Appellate Decisions

Once an appellate decision is final, it is binding on the lower court and must be enforced accordingly. This may involve the lower court taking specific actions as directed by the appellate court’s decision.

Seek Appeals Help from Our Kansas Family Lawyers

Navigating the family law appeals process in Kansas can be complicated and challenging. If you are involved in a family law dispute and considering an appeal, first seek legal representation from our experienced appellate attorneys at Vinton | Moore. We understand the nuances of the process and can effectively advocate for their interests in appellate court. Contact us for assistance today.