Family Law Appeal Overview

By Jarbath Pena Law Group

Family law cases can be deeply personal and emotionally charged, encompassing issues such as divorce, child custody, child support, alimony, and property division. When a judge makes a ruling in a family law case, it doesn’t always mark the end of the legal process. Sometimes, one party believes the decision is unjust or incorrect. In such cases, they have the right to file an appeal. 

Understanding the appeal process in family law is crucial for those who feel justice was not served in their initial hearing. What is an appeal? An appeal is a request to a higher court to review and change the lower court’s decision.

In this blog, the lawyers of the Jarbath Peña Law Group will delve into what a family law appeal entails, the reasons for appealing, and the specific procedures and possible outcomes for filing an appeal in Florida.

What Is a Family Law Appeal?

A family law appeal is a legal process where a party requests a higher court to review and change the decision made by a lower court. The purpose of an appeal is not to re-argue the case or present new evidence.

In fact, it’s important to understand that an appeal is not an opportunity to get a new hearing simply because you don’t like the outcome of the court’s decision. Instead, the appellate court examines whether the lower court correctly applied the law and followed legal procedures during the original trial.

What Types of Decisions Can You Appeal?

In family law, you can appeal several types of decisions, including:

• Divorce Decrees—includes decisions on asset division, spousal support, and any other financial decisions;

• Child Custody and Visitation Orders—appeals can challenge decisions regarding who gets primary custody of the children, visitation rights, and parenting plans;

• Child Support Orders—encompasses the amount of child support awarded, its duration, and the enforcement of support payments;

• Protective Orders—decisions regarding restraining orders or protection from abuse; and

• Adoption Rulings—appeals can be filed against the court’s decision in adoption cases, whether they are about approving or denying an adoption.

But remember, you cannot appeal decisions simply because you disagree with them. You would need a valid reason to appeal.

Reasons to Appeal a Family Court Case

There are several reasons why you might choose to appeal a family court decision, including the following:

• Legal Error. If the judge made an error in applying the law, such as misinterpreting a statute or legal principle, an appeal might be warranted.

• Abuse of Discretion. This occurs when a judge makes a decision that is outside the bounds of reasonable legal judgment. For instance, if a custody decision seems to lack a sound basis from the evidence presented, that could be seen by the appellate court as an abuse of discretion.

• Procedural Error. Mistakes in the legal process can be grounds for appeal. Such mistakes can include not allowing a party to present their case fully or improperly admitting evidence.

• New Evidence. In some rare instances, an appeal might be justified if new evidence comes to light that could significantly affect the case outcome. However, generally, new evidence requires a different legal motion, so speak to your attorney before filing your appeal. 
  

The appellate process is technical, so you should not appeal your case alone. Your attorney will help review the record, determine valid reasons for appeal, and draft and file the appeal on your behalf.

Family Court Appellate Process and Timeline in Florida

Appealing a family court decision in Florida involves several steps, each requiring careful attention to legal procedures and deadlines.

• Notice of Appeal (30 days). The first step is filing a Notice of Appeal with the clerk of the lower court that issued the original decision. This must be done within 30 days of the final judgment or order.

• Record on Appeal. The appellant must ensure that the appellate court has access to the trial court record, which includes transcripts of hearings, evidence, and any other relevant documents.

• Initial Brief (70 days from Notice of Appeal). The appellant (the party appealing the decision) must submit an initial brief outlining the errors they believe occurred in the trial court. They must present a compelling argument as to why the decision should be reversed or modified.

• Answer Brief (30  days from initial brief). The appellee (the non-filing party) will then submit an answer brief. This brief should respond to the arguments made by the appellant and defend the trial court’s decision.

• Reply Brief (30 days from answer brief). The appellant may file a reply brief to address any new points raised by the appellee in the answer brief.

• Oral Arguments (3-4 months after reply brief). In some cases, the appellate court may schedule oral arguments where both parties can present their positions in person.

• Decision. After reviewing the briefs and hearing oral arguments, the appellate court will issue a written decision. This can take several months.

As you can see, this is not a simple process. It can be highly technical, and an appellate attorney can make a big difference in your results.

Why Should I Use an Attorney?

Trial proceedings and appellate proceedings are two very different things. A trial lawyer focuses on presenting the best possible case to get the desired results. But, once a final decision is issued, going back and asking an appellate court to change the decision of the lower court gets even more complicated than the initial trial.

Your appellate lawyer must search the original documents and transcripts, looking for significant errors that might have happened throughout the process. This process is highly technical. The chance of finding a valid appellate argument is lower if you are not an attorney.

After your attorney spots a valid reason, they must present that argument persuasively. This is a technical legal skill, and you have a far higher likelihood of success with a seasoned lawyer at your side.

What Are the Possible Outcomes for a Family Law Appeal?

The appellate court can decide on an appeal in several ways:

• Affirm. The appellate court may agree with the lower court’s decision and affirm the ruling. This means that no changes are made to the initial ruling.

• Reverse. The appellate court may find that the lower court made a significant error and reverse the decision, potentially resulting in a different outcome.

• Remand. The appellate court may send the case back to the lower court for further proceedings. If so, they will often provide specific instructions to the lower court on how to correct the errors identified.

• Modify. In some cases, the appellate court may modify the lower court’s decision without sending the case back for further proceedings.

Let us do the work for you.

Call Us Today!

Appealing a family law decision can be a complex and daunting process, but it provides a crucial mechanism for ensuring justice and fairness in the legal system. If you believe a family court decision in your case was flawed, contact an experienced family law attorney at the Jarbath Peña Law Group today. We will discuss your case and explore your options for achieving a fair and just outcome. Your future and the well-being of your family may depend on it.