From the first week of law school, we learn that appellate decisions shape the laws that trial courts must follow. In family law, where the outcomes affect people’s children, safety, and financial well-being, appeals are surprisingly rare. That gap matters, because when trial courts get it wrong, the impact is personal and lasting, and the consequences can be devastating.
I have lived on both sides of that equation.
More than a decade ago, my husband and I were involved in a high-conflict custody battle involving my stepson. We were young, stationed overseas, and struggling through a legal system that left us feeling like it rarely got things right. We faced court delays, attorney mistakes, and outcomes that could have easily been avoided with better advocacy. The experience was emotionally and financially draining – but it planted a seed. When my husband retired from the Army, I was able to prepare for and attend law school. My personal history shaped how I practice law today. Effective family law advocacy starts at the trial level, with an eye on the record, and sometimes ends in the appellate courts when justice required a second opinion.
From the very start, I focused my legal education on developing my skills in both family law and appellate advocacy. I clerked for Chief Justice Cheri Beasley at the North Carolina Supreme Court, researching third-party custody and constitutional issues, and took advanced courses in appellate advocacy, judicial opinion writing, and legal research in school. During my internships and early legal practice, I drafted appellate briefs and fell in love with the precision and logic of appellate work.
These experiences also made me realize how infrequent family law appeals are, even when trial courts get it wrong. Often, clients cannot afford to appeal, and so many family law attorneys are not comfortable taking appellate cases due to the amount of time and skill it takes to learn the appellate rules and develop the skills necessary to advocate at the appellate level.
One of my first solo appellate cases involved a DSS action where a child was removed from his home following a single domestic violence incident in an otherwise intact family. The family had just moved to North Carolina, and DSS filed a petition without the proper verification – which I later learned was a requirement for subject matter jurisdiction. The adjudication order also incorrectly stated the child’s home state was North Carolina. At trial, we consented to an adjudication order so we could reunite the family quickly – but attention to detail and careful trial strategy allowed us to preserve the jurisdictional errors for appeal.
After reading our appellant’s brief, DSS conceded the court lacked subject matter jurisdiction. They moved to vacate the adjudication order under Rule 60(b)(4) and dismissed the case entirely, returning their family to pre-petition status. My client’s record was cleared, her family was reunited, her son was home, and DSS had even agreed to reimburse my client’s appellate costs.
This was a case I will never forget – not just because we won, but because it showed how strategic litigation can correct injustice even when it doesn’t result in a published opinion. It also confirmed what I had always believed: strong appellate advocacy can fix trial court errors, but it takes strategy from day one. Appeals are not just for big law or criminal defense. They belong in family law, too.
At Collins Family & Elder Law Group, I am excited to be taking on an expanded role in our appellate practice group. Whether you are a client considering an appeal or an attorney looking for a co-counsel, I am here to help bring clarity and strategy to the next stage of litigation.
If you are in need of assistance, the attorneys at Collins Family & Elder Law Group can help.
