APPEALS

What can you do when your Family Court Judge gets it wrong?

Unfortunately, sometimes judges make legal mistakes that affects the outcome of a case.  A legal error by a Family Court Judge can have a devastating impact on your life, including your children’s welfare, your relationship with your children, protecting your assets, the survival of the business you’ve built, or the amount of your own income you are allowed to keep.

 

The answer, in many cases, is to seek an appeal, a request for a review by a higher court (Appellate Court), which has the ability to review the Family Court Judge’s conduct and, if appropriate, reverse or modify the Family Court Judge’s actions.  Note, however, that appeals are intended to correct genuine legal mistakes only.  It does not apply to a situation where you simply disagree with the decision of a judge.

 

To seek an appeal, it is crucial to protect the record of the trial court.  Whether you are expecting an unfavorable decision at trial, or you want to protect your favorable result, if an appeal is expected, you should make sure your record for possible appeal is being properly preserved. Also, after a final decision is made by the trial court, there is a short period of time to request an appeal.  Therefore, if you are considering an appeal, it is extremely important to seek advice early from an appellate attorney for guidance and instruction on how to preserve your case for a proper appeal.

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