Appellate Practice
Michigan Court of Appeals · Divorce & Parental Rights Focus · 17+ Years Experience
When the Court Gets It Wrong, We Take It Higher.
If a trial court made an error in your divorce case or ordered the termination of your parental rights, you have the right to appeal. Attorney Brandon McNamee represents clients before the Michigan Court of Appeals, fighting to overturn unjust decisions and protect families throughout the Thumb region.
Call (810) 982-2020 — Discuss Your Appeal — Free Consultation
Michigan Court of Appeals Practice · Divorce & Parental Rights Focus · 17+ Years Experience · 5 Counties Served
Michigan Appellate Practice — Divorce & Parental Rights
Trial courts don’t always get it right. Judges can misapply the law, make errors in evaluating evidence, or reach decisions that aren’t supported by the facts. When that happens in cases involving your family, the stakes couldn’t be higher.
Our appellate practice focuses on two critical areas: divorce without children and termination of parental rights appeals. The appellate process is driven by legal briefs, the trial court record, and oral argument — not new testimony. It requires an attorney who can identify legal errors and craft persuasive written arguments.
Divorce Without Children
When a marriage ends and there are no minor children involved, the primary issues are property division, spousal support (alimony), and debt allocation. Grounds for appeal include:
Property Division Errors: If the court failed to properly identify marital vs. separate property, used incorrect valuations, or reached a clearly inequitable division.
Spousal Support Issues: If the court ignored relevant factors or reached an unsupported support amount.
Procedural Errors: If the court denied you a fair hearing, excluded relevant evidence, or committed other procedural mistakes.
Termination of Parental Rights Appeals
Termination of parental rights (TPR) is one of the most severe actions a court can take — permanently severing the legal relationship between parent and child. The law provides robust protections, and courts sometimes fail to follow them.
Insufficient Evidence: The state must prove grounds for termination by clear and convincing evidence. If the evidence doesn’t meet this high standard, the order should be overturned.
Best Interest Determination Errors: If the court failed to properly weigh the best interest factors or reached an unsupported conclusion.
Reasonable Efforts Failures: If the state failed to make reasonable efforts to reunify the family before terminating rights.
Due Process Violations: If you were denied adequate notice, proper representation, or the opportunity to present evidence.
How the Appeals Process Works
Step 1: Case Evaluation
We review the trial court record to identify viable grounds for appeal and give you an honest assessment.
Step 2: Claim of Appeal
You typically have 21 days from the final order to file. Missing this deadline can forfeit your right to appeal entirely. Call us immediately.
Step 3: Record Preparation
We order the complete trial court record — all transcripts, documents, and exhibits.
Step 4: Brief Writing
The heart of the appellate process. We prepare a comprehensive brief identifying legal errors, explaining why they warrant reversal, and citing controlling legal authorities.
Step 5: Oral Argument (If Granted)
Attorney McNamee presents your case directly to a panel of appellate judges and answers their questions.
Step 6: Decision
The Court of Appeals issues a written opinion — affirming, reversing, or remanding the trial court’s decision.
IMPORTANT: Appeal Deadlines Are Strict. In Michigan, the deadline to file a claim of appeal is typically 21 days from entry of the judgment. This deadline is jurisdictional — if you miss it, you may lose your right to appeal entirely. Contact us immediately after an unfavorable ruling.
Appellate Practice FAQ
How long do I have to file an appeal?
Generally 21 days from the entry of the final order. Contact us immediately after receiving an unfavorable ruling.
Can new evidence be introduced on appeal?
Generally, no. The Court of Appeals reviews the trial court record. An appeal focuses on whether the trial court made legal errors.
How long does an appeal take?
Michigan Court of Appeals cases typically take 12-18 months from filing to decision.
What if my parental rights have already been terminated?
If the order was entered recently and you’re within the 21-day appeal deadline, it is not too late. Call us immediately.
Don’t Let a Wrong Decision Stand
Deadlines are strict and the clock is ticking. Call Attorney Brandon McNamee today for a free case evaluation.
Monday – Friday, 9 AM – 4 PM
21-day appeal deadlines apply — don’t wait.
Related Services
Many appellate cases involve license restoration denials from the Secretary of State or DUI/OWI convictions. If your appeal is successful, you may also be eligible to expunge your criminal record. Contact McNamee Law to discuss your appellate options.