When you are in the midst of a family court battle, it can be incredibly overwhelming to navigate. However, when you receive the final ruling on the matter at hand, the outcome may shock you. If you have reason to believe an error occurred during the court process, it’s imperative to understand that you can appeal a family court decision. Not sure how this process works or whether or not the grounds you wish to file on are valid? The following blog explores what you should know about this complicated process and why working with St. Louis appeal lawyers is in your best interest during these difficult times.
Why Might I Need to Appeal a Family Court Decision?
It’s important to understand that there are specific grounds on which you can appeal a family law decision. As such, you cannot file an appeal just because you disagree with the judge’s decision or don’t like it – you must ensure you meet the legal grounds in order to proceed.
The first circumstance in which you can appeal a decision occurs when there is a mistake of law in the case. This can occur if the judge incorrectly applies a law to your case or fails to follow the correct procedure in the case. The other instance in which you can appeal the court’s decision revolves around a mistake of fact. This essentially means that the judge’s ruling does not reflect the evidence at trial.
However, you may also be able to file an appeal if you have reason to believe the judge assigned to the case abused their power. For example, if they make a decision beyond the court’s reasonable discretion, you can file an appeal for the decision they wrongly made.
How Do I Fight the Decision?
If you have reason to believe any of the aforementioned circumstances apply to your case, understanding how to proceed with the appeal is critical.
Generally, the first thing you must do is consult with an experienced attorney to explore your legal options during these difficult times. Your attorney can help determine whether or not the grounds you wish to file on are valid, and if so, they can assist you in the process of filing the appeal.
Once you have legal representation, you should file the Notice of Appeal. You must ensure you do so before the deadline elapses. In Missouri, you will have ten days after the judgment is finalized to file the appeal.
After filing, you’ll need to gather evidence to help support your case. This includes a short written explanation of why you believe the appeal is necessary, transcripts of any prior hearings, and any other documentation that can help support your case. For example, you may be filing on the grounds that your ex-spouse, who struggles with alcohol abuse, was awarded full custody despite the fact you have proven to be a fit parent. Once you’ve submitted the necessary documents, the appellate court will examine the documents you’ve submitted before issuing a decision.
As you can see, filing an appeal for a family law decision can be incredibly complicated. If you believe there was an error in your case, whether it revolves around child custody, property distribution, or alimony, the team at Stobie Family Law Group is here to help. Our team understands how difficult these issues can be, which is why we are committed to helping clients through the appeal process. Contact us today to learn how we can assist you.
