Sometimes parents may be on the wrong end of a child custody case decided by a Circuit Court judge. What was decided by the Court may be unacceptable and not in a child’s best interest. If so, as a parent you may decide to appeal the decision to achieve what you believe is a more favorable outcome for you and your child (ren). An appeal is not a retrial, but a request for a higher court to review the record of your case and whether the process leading to the decision and the substance of the decision comports with Florida law. 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. There are 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.
A brief or written document, explaining your reasons that the final decision was unfair or unsuitable based on various facts and circumstances. A copy of the brief must be sent to the other party and file three copies with the clerk of the appeals court.
A brief should include the following:
- Table of contents
- Table of citation
- Statement of the case
- Summary of the argument
- Full written argument
- Conclusion
The appealing party also has an option of requesting 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, Darren K. Edwards, P.A. to speak with a helpful and insightful Fort Lauderdale divorce attorney today.
