Family Law Appeals
Going to court to resolve a family law issue can be emotional, expensive, and time consuming. Which is why most couples who have a family law issue, ranging from seeking a divorce to fighting for custody of a shared child, often attempt to resolve the issue out of court first. If a resolution cannot be reached and the case goes to court, a judge will be responsible for making a determination about your case. What can be even more frustrating is that going to court in the first place, though, is hearing a judge issue a determination that is not in your favor. If a decision that is the result of a family court case is not one with which you agree, you have the right to appeal. Our family law attorneys at the law offices of Brown & Gould, PLLC can help.
When Can You Appeal a Family Court Judge’s Opinion?
When a judge issues an opinion, or decision, about a family law case, if it’s not what you wanted, you may feel frustrated and confused about what happens next. The best way to avoid this is to hire an experienced family law attorney in the first place, who can help you to negotiate a settlement that’s in your favor or win your case.
While it can be difficult to do, either spouse/party in a family law case has the right to appeal the outcome of a case to a higher court. However, keep in mind that it is very rare for a higher court to overturn a lower court’s decision in family law cases unless a serious error has been made. When an appeal is filed, it is essentially asking a higher court to consider the fact that the lower court applied the law in error, resulting in an incorrect decision.
Will My Appeal Be Successful?
As stated above, it is very rare for a higher court to overturn the decision of a lower court in a family law case, although it does happen. In order to win an appeal, you will need to provide evidence that the court incorrectly applied the law in your case. In order to prove this, working with a talented and knowledgeable family law attorney who understands the law, and what evidence will be necessary to prove your case, is essential.
Other Options When You Disagree With the Decision of a Family Court Judge
Another option if a family court judge issues a decision with which you disagree is to file a motion to modify the divorce (or other family law matter) judgement. While it is true that some determinations cannot be modified–including a determination about property division (this would need to be appealed), many can be and are modified over the years. For example, a party can seek modification of a spousal maintenance order, a child custody order, or a child support order. The downside to a modification is that it will not happen immediately; in order to modify a court order, you must prove that a significant change in circumstances has occurred, which may mean waiting many months or years before a modification request will be valid.
Do I Need an Attorney?
Whether you are seeking modification of a court order or trying to appeal a family court’s decision about your family law case, working with an attorney is strongly recommended. In fact, the earlier that you hire an attorney, the better.
Your attorney will be responsible for handling all aspects of your family law appeal, from filing all the legal paperwork to ensuring that timelines are followed to gathering evidence to support your case and more. Your attorney will also keep you informed every step of the way, and help you to make a smart decision about the best strategy for pursuing your interests.
Contact the Law Offices of Brown & Gould, PLLC Today
There are few case types that are more emotional than those within the family law category. Getting a divorce can be heart-wrenching, and losing custody of a child can be a truly shattering experience. And, as stated above, family law cases can also be very expensive and time consuming, making them that much more miserable.
When you contact the experienced family law appeal attorneys at the offices of Brown & Gould, PLLC, we will get to work reviewing the details of your case and providing you with an informed legal opinion regarding whether or not appealing your case is a worthwhile investment of your time, energy, and funds. If an appeal is an option, we will fight for you, and give your case our very best.
To schedule a consultation with our lawyers, please call our law offices today, or contact us online. All inquiries we receive are kept confidential.