Appeals in family law protect both parties from common errors made by the courts and their judges. Through the appeals process, you can take your case to a higher court so that a court order can be reviewed and modified.
In Georgia family law courts, either party has the right to appeal a final court order. But you need to consider certain factors that can influence the outcome. More importantly, you’ll avoid common and costly mistakes.
Knowing who can file a family law appeal in Georgia courts is the first step in overturning a ruling. Consulting with a skilled legal professional helps you determine the best legal strategy to use.
Understanding the Appeal Process
If you believe that court errors were made in your case, consult with your attorney to determine how to move forward with the appeals process.
There are many factors that determine whether or not you can file a successful appeal. The reasons for your motion to appeal as well as the circumstances of your case play major roles in the outcome of your appeal.
Your case may be subject to either a direct or discretionary appeal process. In a direct appeal, you’re granted an appeal automatically once you file a motion.
Discretionary appeals require you to meet certain requirements. The application for an appeal must be filed within a given time period. In Georgia, the deadline is 30 days from the time that the final order in your case was made.
Discretionary appeals require a majority decision from the appellate court judges to grant the appeal before starting the process.
What Types of Family Cases Can be Appealed?
Child custody cases are typically subject to direct appeal while discretionary appeals are applied to child support, alimony, and divorce decrees.
Working with an experienced and skilled attorney who understands family law appeals is the best way to determine if your case can be reviewed by a higher court.
Appellate courts can deny motions to appeal if they consider them to be applied in a frivolous manner.
In addition, penalty fees may be applied in these cases. So consulting with your attorney first is always the right move when considering an appeal.
The following are types of cases that may be appealed:
- Child support
- Alimony
- Division of marital property
- Child custody and visitation
- Relocation
Your Legal Rights to Appeal in Family Law
Preparing for your appeal is critical. The process can be costly, time-consuming, and overwhelming.
You and your attorney must thoroughly research the circumstances of your case and the ways in which Georgia’s family laws may apply.
The right legal strategy increases the likelihood that you’ll obtain the resolution you want with your appeal. You need to understand the time limits and rules that apply to the appeal process as well.
You need to know what cases can be appealed while demonstrating the errors that occurred when the original court order was made.
A motion to appeal must be based on errors that occurred related to the law and the facts surrounding your case.
Your family law attorney will guide you through the process and determine the best legal strategy.
A successful appeal can help you obtain the child support, spousal support, custody, and other benefits that you deserve. You’ll protect your rights to the full extent under Georgia law while creating a more secure future for you and your family.