Meet the Robertsons.
After a tumultuous marriage, they decided to part ways, initiating divorce proceedings. As the divorce unfolded, the couple found themselves entangled in a contentious custody battle over their two children ages 9 and 11.
After a lengthy trial, the court granted joint legal custody but awarded primary physical custody to Ms. Robertson. The court also ordered Mr. Robertson to pay child support and spousal support, based on his higher income. The family home was awarded to the wife, and other assets were divided equitably.
As might possibly be expected, Mr. Robertson felt unhappy with the court’s decision and decided to pursue an appeal.
Although a hypothetical, the above scenario is something the attorneys at Fry & Elder are all too familiar with navigating through the process of Oklahoma family and civil appeals. The elite Tulsa law firm has been synonymous with family law excellence dating back all the way to 1932 and is here to help someone in a potentially similar situation navigate through the complex maze of family law and civil appeals.
“In Oklahoma, appeals need to be filed within 30 days of the order and in many cases, within 30 days of service,” Fry & Elder Managing Partner Simon Harwood said. “The time frame usually takes between 3-5 months, and we would only accept appeal cases where there is a chance of success.
“We would be straight-forward and honest about these odds in the initial consultation as we have a desire to only take appeals that have a fighting chance. That said, our track record at Fry & Elder has been very good.”
A Brief Overview of Oklahoma Family and Civil Appeals
In the realm of legal proceedings, family and civil appeals stand as crucial stages where individuals seek justice, resolution, and a fair hearing for their disputes. As these areas deal with fundamental aspects of human life, such as relationships, property, and personal rights, the appellate process plays a vital role in ensuring that justice is served. In this blog post, Fry & Elder will delve into the intricacies of family and civil appeals, shedding light on their significance, common issues, and the procedural steps involved.
What to Understand Regarding Oklahoma Family Appeal
Family appeals pertain to legal matters involving familial relationships, such as divorce, child custody, spousal support, and adoption. These cases often involve sensitive issues that impact individuals and families profoundly. Key aspects of family appeals include:
- Child Custody and Visitation:
- Appeals may be sought when one party believes the trial court made an error in determining custody arrangements or visitation rights.
- Property Division:
- Disputes regarding the division of assets and liabilities in divorce cases can lead to appeals, especially if there are allegations of unfair distribution.
- Alimony and Support:
- Appeals may arise when parties contest the amount or duration of alimony or child support awarded by the trial court.
- Modification of Orders:
- Parties may appeal to modify existing family court orders if there is a significant change in circumstances.
Challenges and Considerations:
- Emotional Toll:
- Family appeals often involve emotionally charged issues, making the process challenging for all parties involved.
- Legal Expertise:
- Both civil and family appeals require a deep understanding of the law, and individuals are encouraged to seek legal representation to navigate the complexities effectively.
- Timely Filing:
- Strict deadlines exist for filing notices of appeal, underscoring the importance of timely action in the appellate process.
What to Understand Regarding Oklahoma Civil Appeals
Civil appeals arise from disputes between individuals, organizations, or entities, often involving issues such as contracts, property rights, or personal injury. When a party is dissatisfied with the outcome of a trial court decision, they may choose to appeal the case to a higher court. Key considerations in civil appeals include:
- Grounds for Appeal:
- Legal Errors: Appellants typically argue that the trial court made legal errors, misinterpreted the law, or applied it incorrectly.
- Factual Errors: Appellants may contend that the trial court misunderstood or misapplied the facts of the case.
- Appellate Process:
- Filing a Notice of Appeal: Initiating the appellate process begins with filing a notice of appeal within a specified timeframe after the trial court’s decision.
- Briefs and Oral Arguments: Both parties submit written arguments (briefs), and oral arguments may be presented before the appellate court.
- Standard of Review:
- Appellate courts generally defer to the trial court’s findings of fact but review legal issues de novo, meaning without deference to the trial court.
Why Experience the Fry & Elder Difference?
As previously mentioned, Fry & Elder has been a household name in the realm of Tulsa family law excellence for nearly 100 years. Our team of attorneys are well-versed in the navigating the complexities of Oklahoma family and civil appeals, and we have successfully defended and fought for our clients for decades.
Robert G “Hap” Fry Jr. has been selected byBest Lawyers® for inclusion in its annualThe Best Lawyers in America® directory for 14 consecutive years and is also a Fellow of the American Academy of Matrimonial Lawyers and a past president of the Oklahoma Chapter.
The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. Preparation and the desire to give our clients the best representation possible are the motivating factors that enable us to be better informed and prepared than other attorneys. Contact Fry & Elder today to set up a personal consultation.