What to Expect During a Family Law Appeal

Family law can refer to divorce, child custody arrangements, adoption, and other issues that affect home life. If you disagree with a lower court’s verdict on your situation, our family law attorneys can help. It’s possible to appeal the lower court’s decision and have it overturned.

If you have any additional questions or concerns regarding your family law appeal, please contact our talented legal team today.

NAVIGATING A FAMILY LAW APPEAL

TYPES OF FAMILY LAW INCLUDE:

WHAT TO KNOW BEFORE YOU START

Before getting started, you should know that an appeal can take a year or more. The appeal process tends to take a long time because our family attorneys need to secure transcripts, analyze what happened in the lower court’s proceedings, research similar cases, and complete other tasks to prepare your case.

Your case may be delayed if you miss filing deadlines or our family attorneys have difficulty getting the transcripts. Fortunately, our family law attorneys have plenty of experience helping clients through the appeal process.

DEADLINES TO KNOW

Each state has its own deadlines for filing a Notice of Appeal, which are typically 30 to 60 days from when you received the original order. Our family court lawyer can help you meet deadlines so you don’t miss your chance to appeal a decision made by a lower court.

The best thing you can do for your case is to hire a family court attorney as soon as possible. We can evaluate your case to determine whether an appeal is the best decision. Since the appeal process typically takes a year or two, we may recommend other ways you can seek justice. Our attorney has years of experience in winning cases for clients.

ISSUES INVOLVING CHILDREN

The appeal process can easily take a year or more. Fortunately, family court appeals are screened all the time for those cases that need to be placed on the accelerated schedule. These cases typically involve child abuse, custody, legal guardianship, adoption, termination of parental rights, and other issues involving the welfare of a child. Your case may be expedited if you can prove that delays would only harm your child.

REVIEW OF TRIAL RECORD

An appeal requests that a higher court review the decision made by a lower court. For this reason, you won’t be able to submit new evidence. Instead, the higher court will look over the trial record to determine whether the judge used the proper law and ruled as any reasonable judge would have under the circumstances.

The court may rule in your favor if you can show there were errors in law and fact. Otherwise, the Court of Appeals won’t change the ruling—even if they don’t agree with it. Our child custody lawyer can help you achieve the best outcome for your children’s welfare.

COURT OF APPEALS RULING

IF YOU GO FORWARD WITH AN APPEAL, THE HIGHER COURT CAN RULE ONE OF THREE WAYS:

  • Affirm lower court’s decision
  • Reverse the lower court’s decision
  • Remand matter for retrial.

REQUEST A CONSULTATION

If you’re appealing your family law decision, we can help. Our family law attorneys are proud to serve clients in Cape Coral, Fort Myers, and Naples. To request a free consultation with one of our Florida family court lawyers, call Lusk, Drasites & Tolisano, P.A. at (800) 283-7442.

This blog post has been updated.

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