Family law courts make decisions on important issues such as child support and custody, the division of marital property, and alimony.
But what happens when the court makes a final decision that isn’t in your favor?
The appeals process lets either party in a family court lawsuit have a court order modified or overturned. Knowing how to handle a final court order during the appeal gives you the ability to get the outcome you need.
Working with a skilled appellate attorney helps you understand the complex process and prevent costly mistakes.
Appeals and Family Law Court Orders
You can file a motion to appeal only after a final decision has been made by the family courts.
Filing an appeal too early and other mistakes may cause your appeal to be rejected by the appellate court.
This could lead to consequences you need to avoid. Your family law attorney will guide you through the process and take the steps needed for your appeal.
But filing an appeal doesn’t stop a family law court order. So you must comply with the court’s decision during the appeals process.
The appeals process doesn’t allow you to retry your case. So neither party can submit new evidence, and the arguments must be based only on the evidence already provided in the original trial.
The appellate court consists of a panel of judges who must review and decide on your case. A majority decision is needed to determine the final outcome of your appeal.
Navigating the Appeals Process
Your attorney will give you the resources you need to make your way through your appeal. You must file a Notice of Appeal within the first 30 days after the court’s final order has been given.
The Notice of Appeal includes basic information related to you and your case. This includes personal information, the decision you’re appealing, and the court that issued the final order.
You may be required to submit transcripts and other information related to the hearings. These are reviewed by the appellate court, and the lower court’s decision will ultimately be affirmed, reversed, modified, or remanded.
You can only file an appeal based on errors made by the lower court. Appealing a court order just because it isn’t in your favor will cause the appeal to be denied.
The Legal Resources You Need for Your Appeal
Filing your Notice of Appeal is the first step in having a court order reversed or modified in your favor.
Working with a skilled appellate attorney is critical to your success and prevents the mistakes that individuals and attorneys can make.
An appellate attorney who understands family law is the best choice for your appeal. Conventional trial attorneys may not understand the rules and requirements that are involved.
The appeals process can be expensive and require a significant investment of time and other resources. Working with the right legal team helps you get the most out of your appeal while minimizing its cost to you and your family.
There are filing fees to consider, and failing to meet deadlines will cause your appeal to be denied. Your appeal may also be remanded, which moves your case back to the lower court to be tried again.
A remanded appeal results in additional legal expenses. So knowing how likely you are to achieve a successful outcome is an essential part of the process.
Your attorney will help you gather the transcripts and other information that you must submit in your appeal.
If you’re appealing a decision related to guardianship, abuse, or parental rights, you may be able to speed up the process.
Consult with your attorney first so you determine the best legal strategy for your case. Having the right legal resources at your side helps you secure a court order that benefits you and your family’s best interests.