Family law cases often involve complex and emotionally charged issues. When parties are unsatisfied with a trial court’s ruling, they may choose to appeal. Consulting with an experienced family law attorney who handles appeals can have a positive impact on your matter. This blog will examine some of the most frequent family law matters that end up before Indiana’s appellate courts.
Child custody determinations are among the most commonly appealed family law issues. Appellate courts review whether the trial court properly considered all relevant factors in determining the child’s best interests. Common grounds for appeal are failure to properly weigh statutory factors, disregarding evidence of domestic violence or substance abuse, and improper consideration of a child’s preference. Appeals related to child support often involve disputes over income calculations, especially for self-employed parents. Additionally, a deviation from the Indiana Child Support Guidelines and treatment of extraordinary expenses.
In divorces, the division of marital assets is frequently contested on appeal. Issues may include the valuation of complex assets like businesses or retirement accounts. Classification of property as marital or separate and deviation from the presumption of an equal division are also grounds for appeals concerning property division. While not as common as other issues, spousal maintenance decisions are sometimes appealed. Grounds may include failure to properly consider statutory factors, duration or amount of the award, and modification of existing maintenance orders.
With Indiana’s specific relocation statute, these cases often present unique challenges on appeal. Common issues for relocation include the burden of proof in opposing relocation, consideration of the child’s best interests in light of the proposed move, and modification of parenting time due to relocation. Appeals of modification orders frequently involve whether a substantial change in circumstances was properly established, interpretation of settlement agreements, and jurisdictional issues in interstate cases. Adoption and termination of parental rights can lead to appeals centered on consent requirements, best interests determinations, and due process concerns.
Understanding these common appellate issues can help family law practitioners better prepare their cases at the trial court level and anticipate potential grounds for appeal. For parties involved in family law disputes, this knowledge can provide insight into the complexities of the legal process and the importance of thorough preparation at every stage. The attorneys at Ciyou & Associates, P.C. have a strong background in appellate practice in Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
