appeal process

[mommyto 2]

What is the name of your state? NJ
It is me again, I believe my ex is going to appeal the decissions made in family court a couple of weeks ago. Can anyone please let me know how this process works, what chances are there for decisions to be overturned? My ex refuses to deal with the fact he lost. Any help will be appreciated.

 

[twojules]

appeal

I live in NY and kinda going through the same. My husband lost custody of our kids in Family court and cant deal with it. He said he would appeal and he is by the way pro se. He filed intial paperwork but never completed the process. I think by NY law he had 9 months to do so and now he is filing for an extension, hopefully he wont get it. If your husband has a good attorney and a LOT of money you might be a little concerned,but it is a very long process and if your judge was good and you shouldnt have to worry about it.

 

[mommyto 2]

I did find out he has 45 days to file for an appeal. His lawyer is not a family attorney so I hope this helps. I am just tired of the never ending saga.

 

[twojules]

I hear ya. Yea my husband had so many days to file inital papers then up to 9 months to finalize it all. He didnt do that. Also, a lot of attorneys wont even do appeals because its a pain in the you know what. I dont think you have to worry he is just being a pain like mine is. It is a very involved process.

 

[mommyto 2]

So I should just lay low. My attorney informed me she doesn't do appeals but would for me and work with another attorney that is more familair with the process. The expense of this is overwhelming. The judge ruled no change in custody or visitation because there is no significant change of circumstances, so I have no idea what he can appeal on.

 

[NoDiggety]

The judge ruled no change in custody or visitation because there is no significant change of circumstances, so I have no idea what he can appeal on.

One can not appeal the process simply because they did not like the ruling. There has to have been an error in finding of fact and/or conclusion of law. If you incur lawyers' fees, ask the court that he be responsible for such costs if he loses his appeal.

 

[mommyto 2]

It is interesting to note that in court a couple of weeks ago I was awarded legal fees because his motion was found to be in bad faith.