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When a trial court issues an unfavorable ruling in a family law or domestic relations case, many litigants naturally consider an appeal. In Indiana, most appeals go to the Indiana Court of Appeals, which serves as the intermediate appellate court. However, some cases may be eligible for direct transfer to the Indiana Supreme Court, effectively passing the Court of Appeals. Understanding the limited circumstances under which this “fast track” can occur—and the legal strategies involved—can make a significant difference in the trajectory of a case. This blog post explores the pathways to the Indiana Supreme Court, including automatic appeals, direct transfers, and discretionary reviews, with a focus on how these rules impact family law and domestic relations cases.

Indiana’s appellate system consists of three levels:

1. Trial Courts – The starting point for all cases, including family law disputes such as divorce, child custody, child support, and protective orders.
2. Indiana Court of Appeals – The intermediate appellate court that reviews most trial court decisions.
3. Indiana Supreme Court – The state’s highest court, which exercises discretionary review over most cases, except in limited situations where it has mandatory jurisdiction.

Since the Indiana Supreme Court does not automatically hear most appeals, litigants must follow specific procedures to either fast-track their case or seek discretionary review.

So, what qualifies as a direct appeal to the Indiana Supreme Court? Most appeals must go through the Indiana Court of Appeals first, but in rare cases, an appeal can be filed directly with the Indiana Supreme Court. This fast track is available in very limited circumstances, as outlined in Indiana Rule of Appellate Procedure 4(A).

The Indiana Supreme Court has mandatory and exclusive jurisdiction over appeals in the following cases:

• Sentences of Death or Life Without Parole
• Final Judgments Declaring a State or Federal Statute Unconstitutional
• Disciplinary Actions Against Attorneys
• Mandate of Funds Cases Involving Public Officials

Since these categories primarily involve criminal law, constitutional law, professional discipline, family law and domestic relations cases generally do not qualify for a direct appeal to the Supreme Court. However, there are other ways to fast-track an appeal.

Another option may be requesting transfer from the Court of Appeals to the Supreme Court. For cases that do not automatically qualify for Supreme Court review, litigants may file a petition to transfer under Indiana Rule of Appellate Procedure 57. This allows a party to ask the Supreme Court to take the case after the Court of Appeals issues its decision. The Supreme Court grants transfer only in exceptional circumstances, typically when a case involves:

• A significant legal question of statewide importance
• A conflict between Court of Appeals decisions
• A substantial departure from established precedent
• A clear and egregious legal error by the lower court

While family law cases rarely set legal precedent, the Supreme Court may accept transfer in cases involving:

• Constitutional challenges to custody laws or parental rights
• Cases involving fundamental parental rights, such as termination of parental rights
• Conflicts in Court of Appeals rulings on child support, custody, or property division

Process for Requesting Transfer

1. File a Petition for Transfer – Within 45 days of the Court of Appeals’ decision, a party must file a petition outlining the legal reasons why the Supreme Court should review the case.
2. Opposition Briefs – The opposing party has an opportunity to respond and argue why the case should not be transferred.
3. Supreme Court Decision – The justices review the case and decide whether to grant or deny transfer. If granted, the Supreme Court will hear the case as if it had never gone through the Court of Appeals.

Since the Supreme Court accepts only a small percentage of transfer petitions, litigants should consult an experienced appellate attorney to craft a compelling argument.

Another way to fast-track an issue to the Supreme Court is through a certified question of law under Indiana Rule of Appellate Procedure 64. This occurs when a federal or state court asks the Indiana Supreme Court to resolve a key legal question that affects a pending case. When does this apply? 

• If a federal court handling a custody or divorce case needs clarification on Indiana law
• If a trial court faces a novel legal issue with no clear precedent

Certified questions allow the Supreme Court to provide authoritative guidance without needing a full appeal, making it a powerful legal tool in complex cases.

In extreme circumstances, a litigant can file an Emergency Motion for Transfer under Indiana Rule of Appellate Procedure 56(A) to ask the Supreme Court to immediately take over an appeal before the Court of Appeals has issued a ruling. When might this apply in family law? 

• A custody ruling presents an immediate risk of irreparable harm to a child
• A trial court ruling violates fundamental constitutional rights
• A protection order ruling has life-altering consequences

Because emergency transfers bypass the Court of Appeals entirely, they are rarely granted and require a showing of extraordinary urgency.

For those seeking to fast-track an appeal, working with experienced appellate counsel is critical to crafting strong legal arguments and maximizing the chances of Supreme Court review. Appealing a case to the Indiana Supreme Court requires deep legal knowledge, strategic argumentation, and a keen understanding of appellate rules. At Ciyou & Associates, P.C., we have extensive experience handling complex family law appeals, including cases that require Supreme Court review. Our firm is known for its meticulous legal research, persuasive appellate briefs, and proven track record of results. If you believe your family law case presents an issue worthy of Supreme Court consideration, contact our team today. We will evaluate your case, determine the best appellate strategy, and advocate aggressively on your behalf to achieve the justice you deserve.

This blog is not intended to serve as legal advice. It is an advertisement.