Both parties in a family law case can appeal the final court order. This lets you challenge the judge’s decision to have it reversed, remanded, or modified.
The issues addressed in family law courts impact issues related to child custody and visitation, alimony and child support, the division of property and other important factors.
Knowing what happens when your appeal is modified helps you take the right steps to achieve your legal goals, reduce expenses, and provide a secure future for you and your family.
Modified Appeals
An appeal is modified when the appellate court determines that one or more errors in law or fact were made in your original court case.
Rather than reverse or remand a final court order, appellate court judges may decide to change it based on the evidence provided, and these changes can be made to any part of the lower court’s decision.
Filing for an appeal consists of a number of requirements and deadlines that you need to consider. Consulting with a skilled appellate attorney is the first step in ensuring a successful appeal and avoiding costly mistakes or delays.
Your attorney will need to obtain all documents and transcripts related to your original court case. These are required by the higher courts in order to evaluate the court order and determine if the judge made any errors.
You must submit a brief to the appellate court that outlines the basis of your appeal, but you may not submit any new evidence to support your case.
Making Your Way Through the Appeals Process
Your appeal must be submitted in the form of an appellate brief, which is filed by your attorney. Along with your legal argument, the appellate brief includes the court transcript, documents, and references to legal statutes that apply to your case.
Appellate courts may grant you the right to make oral arguments to further support your appeal. The court must then make a ruling on your case based on the information you’ve provided.
If the lower court’s decision isn’t upheld, then they’ll send your case back to the trial courts for a new trial (remanded) or to have the court order modified.
You can only appeal final court orders. Temporary orders may not be appealed, with the exception of cases that require timely decisions to protect the wellbeing of individuals involved in the case.
What to Do When Your Appeal is Modified
The first step in filing an appeal is to work with a qualified and experienced appellate attorney. Trial attorneys may not have the necessary skills and understanding about the appeals process that appellate lawyers do.
The appeals process can also be costly. In addition to attorney fees, the need to gather court records and transcripts can add to the over expenses incurred when appealing a lower court’s decision.
Appeals may be sent back to the lower courts for a new trial, further adding to their legal costs.
Modifying a lower court order is also not a guarantee that you’ll get the decision you want. In some cases, only a portion of the decision may be changed while the remainder is affirmed by the appellate courts.
The appeals process can be complex, and modifying your original court order doesn’t mean that you’ll achieve the outcome you want.
Working with the right legal professional helps you appeal and modify a court order. The right changes can protect the wellbeing of your family protect your future for years to come.