If you are disputing a critical issue in family court, whether it pertains to child custody or spousal support, it can be extremely overwhelming and stressful. It can become even more stressful when the outcome of your case is not what you expected. Many individuals who receive unfavorable outcomes are uncertain about how to proceed as they do not know if they have the right to challenge a judge’s decision. However, depending on the circumstances, you may be able to overturn a judge’s decision regarding a family law matter. Appealing a family court decision is difficult. That being said, you need to enlist the legal assistance of our dedicated Bristol County Divorce Lawyers who can guide you through the appeals process.
What factors should I consider when appealing a family law decision?
Firstly, you may wonder what exactly an appeal entails. An appeal is a legal process of requesting the higher court to review a decision made by a judge in a trial court. Although you may not agree with the judge’s decision, that does not mean you should file an appeal. The only time it is appropriate to file an appeal to overturn a judge’s ruling is if you believe the judge has abused their power or made an erroneous decision. Therefore, you should consider whether the judge had the authority under the law to make the decisions stipulated in the order. Additionally, it’s important to consider both the cost and duration of the appeal process, as it can be quite expensive and time-consuming. When considering an appeal, it’s also important to evaluate the probability of a successful outcome. Pursuing an appeal may provoke your ex-spouse into filing a cross-appeal, resulting in the same unfavorable result.
If you decide after considering several factors to appeal a family court decision, you must file a Notice of Appeal within 30 days of the final judgment. You will also have to pay a $300 filing fee. From here, to obtain transcripts you must order them within 10 days of the notice of appeal. You then have 14 days to file a docketing statement and 40 days to file the main brief. Your former spouse will have 30 days to respond to the appeal. It is imperative to note that even if you take the right steps and file an appeal within the right timeframe, it does not guarantee that the judge’s decision will be overturned.
For more information on how to proceed with the appeal process, contact a determined lawyer from the Law Offices of Cynthia L. Hanley, P.C. With years of experience, we can guide you through the appeals process. Our firm is committed to helping our clients achieve favorable results.
