Going through a divorce is a tough and stressful experience and sometimes you might find that no matter how hard you try to negotiate with your partner, there is no reaching middle ground. So, if you feel you need a court of law to help you get the rights you deserve in terms of child support or child custody, that’s when you need to file for a family law appeal. Before you get in touch with custody attorneys, you need to know the process first.
Whether you’re fighting for your rights or your child’s, you’ll need to hire a family law attorney to help give you an idea about where your case stands. To have a better understanding of what a family attorney can do and how they will be of benefit, you can read more to see why it is essential to hire one. That way, you’ll know exactly what’s in store and whether it’s worth filing for an appeal or not depending on whether the odds are in your favor or not.
Get Expert Advice
One of the benefits of hiring a family law attorney is that not only will they be familiar with similar cases and know what to expect, but they’ll also know the timeline, the process, and exactly when an appeal needs to be filed. In some cases, a motion will need to be filed first in order to make it possible to appeal and there are specific grounds that will make filing an appeal possible. Your attorney will be familiar with your case time frame and give you the proper advice on what should be done accordingly. While it is unlikely that a judge’s ruling, when it comes to family situations, be reversed, there could be missing documents or an error that resulted in an incorrect ruling. However, your attorney should be able to tell you whether it’s worth filing of an appeal and on what grounds.
File for an Appeal Within the Specific Time Frame
After receiving a final judgment from the family court the appeal process, or notice of appeal, is only possible within the following 30 days. That means that if an appeal is not filed within that time period, it will not be considered by the court of appeals.
In that case, the process becomes a bit different and is even more difficult to reverse. The party appealing would need to order transcripts of the proceedings so that the court will be able to go back to the trial or hearing and review what was said, as well as go through the evidence and see whether there was anything that was overlooked or doesn’t make sense that could lead to a different outcome. The court will also review the reason behind the appeal and checks the testimonials or evidence that was submitted to double-check whether the ruling should or should not be altered.
In order for the appeal to be filed, a payment fee is due and a filled form also known as a case management file must be filled out. It is also important that you make sure all the necessary paperwork has been prepared and submitted to avoid getting a result you do not like. Only after the payment and documents have been filed will the court provide a date for the opening brief.
Once a date has been set for the opening brief, the opponent will only have 40 days to file an answering brief. This allows them to submit any documents to help their case, file for additional transcripts or provide evidence to ensure that the court has the full picture before reviewing the case. Within twenty days, the party who filed the appeal can choose to respond to their opponent’s reply and add any additional evidence to help their case.
Once the court has all the necessary documentation and has heard from both parties, there is an oral argument before a judge for each party to verbally argue their case before a final decision is made. Only then can a judge make their final call and rule in a party favor.
An appeal isn’t easy to go through, but sometimes it is necessary when you feel your children aren’t getting what’s in their best interest. That’s why it is not only important to provide as much evidence as possible to help prove your case, but also to make sure you’re using a professional who is familiar with similar cases and has the expertise to help get you the best outcome possible.
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