Did your child custody trial end with less than favorable results? If so, you may be seeking ways to appeal the decision and achieve the outcome you desire. Keep in mind that an appeal is not a retrial, but a request with a higher court to review your case, without adding new evidence. If you are seeking to appeal a child custody order, there are certain steps and factors to keep in mind
The Process to Appeal a Child Custody Order
In the state of Florida, you must file a notice of appeal within 30 days of the final judgment with the lower court. Expect to pay application fees for filing and court preparation. Once you have filed your notice of appeal with the clerk, it will be sent to a Florida district court of appeal.
If you would like to prevent certain documents from being reviewed, such as the transcripts of the original hearing, you may notify the lower court within 10 days of the date you filed your notice of appeal. By notifying them, certain documents can be left off the record.
You must also complete a brief, or written document, explaining your reasons that the final decision was unfair or unsuitable based on various facts and circumstances. You must provide a copy of the brief to the other party and file three copies with the clerk of the appeals court.
You brief should include the following:
- Table of contents
- Table of citation
- Statement of the case
- Summary of the argument
- Full written argument
The appealing party also has an option of giving a 10 to 15 minute oral argument, explaining their reasoning for appealing the child custody order. To request an oral argument, you must file a separate written document with the court. The oral argument will be presented to a panel containing three judges. Once the court has heard and reviewed your case, they will mail a written notice revealing their decision.
For more information on appealing a child custody order, contact Charles E. Willmott, P.A. to speak with a helpful and insightful Jacksonville divorce attorney today.