For a person going through a divorce or a child custody dispute, it can be frustrating to have the judge decide his or her future. It can be even more frustrating when you think the judge made the wrong decision.
If you think your judge got it wrong, you may be able to file an appeal. Your first step is to discuss your case with an appellate law attorney. Not all attorneys who practice in the area of family law handle appeals.
Here are some examples of issues that can give rise to an appeal:
- The judge used wrong financial information make a decision about support or property division
- The judge used a wrong valuation of a business or other asset
- The judge misapplied or failed to follow Florida law
- The judge made a decision that is unreasonable based on the evidence
If you want to appeal a family court decision, you must file a notice of appeal within 30 days of the date the judge issued the final order. After 30 days, you give up your right to file an appeal. While your appeal is in process, you must follow the final court order or you could be charged with contempt of court.
Your lawyer will review the transcript of the trial, file a written brief explain the basis of the appeal, and present oral arguments why the judge's decision was wrong. The appeals judge can affirm the original judge's order, reverse it or order a new trial.