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Appealing a Family Court Order

Appealing a Family Court Order

Family law matters are complex and require a delicate balancing act to keep all parties involved happy. Unfortunately, the court does make mistakes and it's not uncommon to feel dissatisfied with the outcome of your case. If you have a desire to appeal a recent family court order, you may have the grounds to do so. It is important to first understand the process and the setbacks you may face along the way.

How do I know if I have the grounds for an appeal?

The court makes it very clear – you cannot appeal a decision simply because you disagree with it. Your appeal must be based on certain grounds, otherwise it will likely get tossed out before it even crosses the judge's desk.

The most common, and legitimate, reasons for an appeal are:

  • The court failed to make adequate findings of fact
  • The court did not follow the law
  • The court neglected to conduct a hearing to resolve conflict
  • The court abused its discretion

Additionally, an appeal can only be submitted when the court has established its final order. This means that if an order is not yet final, you will have to file a motion requesting leave to appeal which isn't always successful.

What is the process of appealing a family court order?

You are first required to tell the other party involved in the case that you are appealing the order by serving them with a Notice of Appeal. You must also submit your Notice of Appeal to the Clerk of the Family Court. If your final order was given in court, you have 30 days to file an appeal. If you received the order by mail, you have 35 days to file.

At this point, consulting with an attorney may be in your best interests. The success of your appeal rests on your brief, which essentially tells the court why you are appealing the order. A poorly written brief will only hurt your case, so constructing your brief should be done with the assistance of an experienced lawyer.

Our firm understands the discouragement of receiving a court order that does not work in your favor. We would be happy to evaluate your case and determine whether you have the grounds to file an appeal. With over 15 years of family law experience, we are familiar with the appeals process and can use this experience to benefit your future.

Call us right away to speak personally with a trusted Pittsburg divorce attorney from the Law Offices of Avram Y. Rosen!

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