Can I appeal just because I don’t like the judge’s decision?

No. An appeal is not a “do-over.” Appeals focus on whether the trial court made legal errors, and the appellate court considers only the record already made.

How long do I have to file an appeal?

You generally have 21 days from the entry of the final order or judgment to file an appeal. Different deadlines may apply to certain post-judgment motions; speak with an appellate attorney immediately. Missing your deadline can require that you apply to file a late appeal, which may not be granted.

How long does the appeal process take?

This varies widely, but a general expectation would be 12 to 18 months, depending on the complexity of the case and the court’s schedule. The Court of Appeals is mandated to handle custody cases on an expedited basis, but this can still take six months or much longer.

What are the possible outcomes of an appeal?

The appellate court may affirm the trial court’s decision, reverse it, modify part of it, remand the case for further proceedings, or dismiss the appeal for procedural reasons.

What can I appeal in Michigan?

Not every court ruling can be appealed in the same way. In Michigan, there are two main types of appeals:

Appeals of Right

Some court orders are considered “final orders” because they resolve all the main issues in a case. If you receive a final judgment or final order, you usually have an automatic right to appeal it. That means the Michigan Court of Appeals must accept your case if you file within the required deadline (generally 21 days from the date of the order).

Applications for Leave to Appeal

Other orders—such as temporary custody or support orders, or certain decisions made in the middle of a case—are not final. To challenge those, you must file what’s called an Application for Leave to Appeal. The Court of Appeals then decides whether to accept or deny your application. To be granted, you usually must show that the order involves an important legal issue or that waiting until the end of the case would cause serious harm.

Bottom line:

Final orders = appeal of right (automatic if timely filed).

Temporary or interim orders, or a late appeal of a final order = application for leave (discretionary).An experienced appellate attorney can quickly assess whether your order is appealable as of right, or whether an application is necessary, and can advise you on the strategy and deadlines that apply.

What happens during an appeal?

Both sides file written briefs explaining their legal arguments, supported by the trial record and case law. Some appeals are decided on the briefs; others are scheduled for oral argument before a panel of judges. Parties don’t testify on appeal.