Can You Appeal a Custody Decision in NJ?
Family law issues such as child custody can be contentious. One issue that parents often argue over in a divorce is child custody.
The courts decide child custody with the best interests of the child in mind. While rare, judges do abuse their power and make mistakes in their decisions. If you think this has happened, causing you to get a negative outcome in a case, then you may have the opportunity to file an appeal.
In an appeal, a higher court re-reviews the case, given all the evidence and documents. You cannot submit any new evidence or testimony. The case goes to the appellate court, where a panel of judges will make a decision. It is not a retrial. They will either affirm the ruling, make a new decision, or return the case back to the original court.
Keep in mind that you only have 45 days from the ruling to file an appeal. However, this does not mean you should be in a hurry to file an appeal. Appeals are costly and time-consuming. If you feel like an appeal is necessary, you should discuss your situation with a lawyer.
An appeal is not a quick and easy action. The process may take longer than a year. On top of that, it is possible that the other parent could file a cross-appeal, prolonging the process even more.
Also, you cannot file an appeal simply because you do not like the decision. There must be a procedural error involved, such as the judge not following the law. If you do decide to file an appeal, here’s a look at the process.
The Process
- You must file a notice of appeal with the Appellate Division of the Superior Court within 45 days of the custody decision. The notice is typically filed with the clerk of the Appellate Division and served on the trial court and the opposing party.
- This includes all documents, transcripts, and evidence presented in the trial court.
- As the appealing party, you will need to file a written brief outlining the legal errors you believe the trial court made and why the decision should be reversed or modified. The other party will have the opportunity to respond with their own brief. You may file a reply brief to address points made in the appellee’s brief.
- After reviewing the record and briefs, the Appellate Division will issue a decision. They can affirm the decision, reverse the decision, or return the case back to the trial court with instructions.
Contact a Cherry Hill Family Law Attorney Today
Not all family law court decisions are set in stone. If you can prove an error during the decision-making process, you may be able to have it reversed.
A Cherry Hill family law attorney from Fiore Law can help you file an appeal for a family law issue. Get the outcome you deserve. Give us a call at (856) 214-8964 to schedule a consultation