The Maryland appeals process for family law matters is very strict.

If you have been involved in a court proceeding and are considering to challenge the trial courts decision, you may be able to file an appeal with The Court of Appeals of Maryland.

However, in considering your options, you should understand the legal framework within which your appeal will be heard. Further, in order to successfully file and get your case heard, it is of most importance to hire an attorney that is experienced within the appeals process to represent your interests.

First, it is necessary you understand the legal framework the appellate court utilizes when considering an appeal. The Court of Appeals will not consider new evidence or testimony, except in the most unusual circumstance. The legal standard that is applied by the appellate court is such:

-Brown & Sturm v. Frederick Road LP, 137 Md. App. 150, 768 A.2d 62 (2001): “In a bench trial like this one, ‘the appellate court will review the case on both the law and the evidence. It will not set aside the judgment of the trial court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the trial court to judge the credibility of the witnesses.’ Md. Rule 8-131( c).

In all, the appellate court is bound by the trial courts findings and its decision, even if they would have reached an alternative conclusion with the same evidence. The key factor that you must consider when appealing the trial courts decision is showing that the trial court erred or the judges findings of facts were erroneous.

If you have gone to court and believe that the Judges decisions regarding your child’s custody is unfair, there are a number of options that are available to you including appealing the trial courts decision.

Call our office today and take advantage of our free consultation policy. You will have the opportunity to speak with an experienced family law attorney that will evaluate your case, help you understand the options available to you, and determine best option to change the results in your case.