Appeals often feel like an afterthought or impossibility in family law. However, the reality is, the groundwork for a successful appeal – or better yet, a bulletproof trial outcome – starts long before a judge ever issues an order. It starts with strategy.
Whether you are a client or a trial attorney, here are five key principles to keep in mind if you want to protect your case from preventable legal errors and preserve your right to challenge a bad ruling.
- Know what the trial court can – and cannot – do. Every court operates within defined boundaries and rules. If the court doesn’t have subject matter jurisdiction, nothing that happens in that courtroom is legally valid. This comes up more often than you'd think in cases involving out-of-state parents, UCCJEA disputes, or unverified DSS petitions. Spotting those issues early can save months of litigation – or support a strong appellate argument later.
- Build a clean, complete record. Appeals are decided on the record. That means transcripts, evidence, exhibits, and orders matter more than courtroom performance and personalities. Make sure your case is documented thoroughly and accurately. If something is not in the record, it might as well have never happened.
- Preserve your objections. If you do not object to an error at trial, you may waive your right to appeal it. This is one of the most common reasons appeals fail. Trial attorneys should be clear and specific in their objections, and clients should work with lawyers who understand when and how to make them.
- Think long-term, not just immediate. In the heat of trial, is can be tempting to go for quick wins. However, some decisions – like stipulating to findings, consenting to an order, or failing to request findings of fact – can close the door on appellate review. Be strategic, not reactive.
- Know when to bring in appellate counsel. If you are a trial attorney who doesn’t handle appeals, consider partnering with someone who does – ideally, early in the case. If you are a client who’s received an unfavorable ruling, act quickly: appellate deadlines are strict, and delay can, and likely will, forfeit your rights and prevent these errors from being corrected later.
Appellate strategy is not about pessimism. Instead, it is about precision. When done well, it helps trial attorneys avoid reversible errors – and gives clients peace of mind that every legal angle has been covered.
Whether you win at trial or need to challenge the outcome, setting your case up for success starts on day one.
