Can an Appeal of a Custody Decision Be Appealed Again
Judges are homo and do non e'er get it right when it comes to decisions affecting families and children. Family courts take a duty to rule in the all-time interest of a child, but occasionally mistakes are fabricated.
As a parent, you have the right to entreatment a custody club if yous disagree with the custody organization determined by the court.
Before bringing the case to the appellate court, information technology'southward important to showtime consider the possibilities, challenges, costs, and even the statistical chances of success that come with it.
four things to consider earlier highly-seasoned a child custody understanding.
What is an appeal?
People appeal adverse rulings when they are unhappy with the results. They may seek justice to prove that they are in the right and their ex-spouse is in the incorrect, or they may believe that the judge in the custody example made the wrong conclusion. From a functional perspective, the appeal is a proceeding to allow a higher court to review a lower court'south decision.
If you wish to appeal, it is strongly advised that you work with a family constabulary attorney. He or she will put together a legal brief, summarizing why you are asking for an entreatment and will betoken out inconsistencies in the original ruling.
The courtroom will so review the brief, along with transcripts of the original hearing. Yous will not be allowed to introduce new testimony or have the opportunity to speak directly with the appellate court judge. The decision is based but on your attorney's cursory and existing court transcripts.
The result of an entreatment involving a family unit law decision varies. The courtroom will either uphold or overturn the previous child custody ruling – or worse, you could lose with an award of legal fees to the other party.
What are your chances of success?
An important first step when considering to appeal is to have a candid assessment with your attorney on the likelihood of the appeal'due south success. Consider what success or failure may mean after the entreatment and how the appellate procedure may impact other disputed family matters while the appeal is underway. It's also of import to note that statistically, virtually appeals end upwards with the appellate court affirming the results from the trial court.
Likewise, keep in mind what successis foryous. Ask the questions: Does a potential modify in the judgment touch your children? How does an appeal impact your finances? All possible outcomes must be considered prior to filing an appeal, so you, as a divorcing or divorced parent fully sympathise the short- and long-term implications.
Are you prepared for the boosted costs?
Information technology'southward no surprise that appeals come with a hefty price tag. Costs include the filing fees, record assembly, trial transcripts, production of the record, and assembly of the brief. These expenses need to be factored in along with the legal costs for your attorney to write, research, and debate on your behalf. As a result, the costs of an appeal are substantial and should be weighed confronting the odds of potential success.
In addition, jurisdictions permit appellate courts to order fees confronting the political party who brought an unsuccessful appeal. An appeal that is in bad faith or meritless may effect in not merely the sting of losing once again just also the additional pain of paying for the opposing party'south costs incurred by the appeal.
Are y'all in it for the long booty?
Appeals take a significant amount of fourth dimension in guild for your attorney to review the record, conduct the inquiry, and write his or her statement.
An appeal of a family court judgment to an appellate court oft takes a twelvemonth or longer, and the time involved equally well every bit the uncertainty of the outcome is not for everyone. After months of slugging it out with a spouse in the lower court and spending thousands of dollars, you may not have the desire to go on the fight.
In a child custody case, there are times when closure might be worth more than than the time, cost, and cost of an appeal. It'due south encouraged to conduct your ain analysis of pursuing an appeal and explore all other potential options, including resolution.
In summary, the determination to appeal should be advisedly weighed especially when it comes to kid custody cases. All possible alternatives should exist discussed with an chaser, including the substantial costs, time, and risks of losing the appeal – and near importantly, how the decision may affect your child.
Considered by many as "the fixer" in Massachusetts family law, Matthew P. Barach is an esteemed family police trial and appellate chaser. He is the Founder and Master of Barach Family Law Group, LLC, a boutique police house dedicated to excellence in family unit law, and writer of "The Family Police Guide to Appellate Practice." With over 20 years of family law experience, Matt regularly appears before Middlesex, Norfolk, Worcester, Suffolk and Essex County Family Law Courts. He besides appears before the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court and the First Circuit of Appeals. www.barachfamilylaw.com
Source: https://www.divorcemag.com/articles/what-to-consider-before-appealing-a-child-custody-decision
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