Answers To Common Family Law Appeals Questions
Family law appeals are a niche area that not many lawyers handle. If you’re considering an appeal or are already facing one, I can help. I’m lawyer Troy Klein in West Palm Beach. I’m an experienced appellate attorney, and I’m board-certified in marital and family law.
Below you’ll find answers to common appeals questions in family law cases. These answers are general in nature and are not meant to substitute for individualized legal advice.
Can you appeal a child support decision in Florida?
Yes. However, you must have grounds for appeal – that is, a strong claim that the judge mistakenly interpreted the law or abused their discretion in making an unwarranted decision. Additionally, you must file an appeal within a strict timeline, or you will lose your right to do so.
How do you appeal a family court judgment?
The first step is filing a notice of appeal with the appropriate District Court of Appeal. The next step is preparing and filing written arguments in a legal brief. The other side will file their brief, and you will then have an opportunity to reply through an additional brief. There are many additional procedural nuances.
Because most appeals are decided on the basis of these written briefs, it’s critical to enlist an appellate attorney with the research and writing skills necessary to make a strong case. This is an area in which I excel.
What grounds do you need for a family court appeal?
A successful appeal must be based on strong grounds for overturning the trial court’s decision. Examples of these grounds include:
- The family court misinterpreted or misapplied the law or procedural rules.
- The family court didn’t take into account certain evidence.
- The family court made a decision that wasn’t based on the facts and evidence.
- Your attorney at the trial level didn’t adequately represent you.
If you’re not sure whether you have grounds for an appeal, contact me about your case. I can review the court records and provide a solid recommendation on whether it’s worth pursuing an appeal.
Do you need a lawyer to appeal a family law case?
You aren’t required to have a lawyer in order to pursue an appeal. However, handling an appeal “pro se” (that is, without legal representation) comes with many risks. Appeals are much different from family law cases at the trial level. They have different rules and procedures, and they require a different strategy. Even many seasoned family law attorneys don’t handle appeals for that reason.
It’s well worth enlisting an appellate lawyer to identify the strongest grounds for appeal, prepare effective briefs and advocate your position in oral arguments, if necessary.
Is there a time limit to appeal a family law case?
Yes. Typically, you will have 30 days from the date of the decision to file an appeal. There are also strict deadlines for each step in the appeal process, including filing briefs. Missing any of these deadlines can sink your case, so it’s very important to act quickly if you’re considering an appeal.
Get Answers To Other Questions About Family Law Appeals
Appellate law is a complicated area, as is family law. I am well-versed in the nuances of family law appeals. When you talk to me, you will benefit from the insight I have gained in nearly 25 years of experience handling these cases.
To get answers to your appeals questions, including whether you have grounds for an appeal, please contact me online. You can also call my firm, the Law Office of Troy W. Klein, P.A., at 561-823-0650.