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Can You Appeal a Family Law Case?

On Behalf of | Jul 20, 2021 | Family Law

Challenging decisions of lower courts remains a vital part of the legal process. According to statistics from the Court of Appeals of Georgia, there were 2,977 total appellate filings in 2020. In the state of Georgia, it is possible to get a decision from a lower court modified or overturned by filing an appeal. If you’re not satisfied with the outcome of your family law case, you have the right to appeal the decision.

Attorney Noreen Banks-Ware is committed to offering comprehensive legal guidance and knowledgeable advocacy to clients who feel an error was made during a family law proceeding. As an experienced Georgia family law appeal attorney, she can review the court order, investigate the decision, and explore your possible legal options.

Noreen Banks-Ware will fight diligently to protect your appeal rights and attempt to get the unfair judgment overturned. E.N. Banks-Ware Law Firm LLC serves clients across Lithonia, Conyers, Decatur, Covington, and McDonough, Georgia.

Appealing a Family Law Case in Georgia

Under Georgia family law, either party in a case can appeal a court decree. There are three methods of filing an appeal in Georgia:

Direct Appeal

In Georgia, direct appeals allow you to appeal the judgment of your family law case without requesting permission. If a family law judgment has been entered against you, you may file a direct appeal arguing that there was an error in the order issued by the lower court.

For a direct appeal, a party must first file the notice of appeal with the clerk of the court that issued the family law order. This notice of appeal must be filed within thirty days from the date when the order was issued.

Discretionary Appeal

Discretionary appeals are filed with the Georgia Supreme Court, appealing decisions of the Georgia Court of Appeals. A discretionary appeal must be filed directly with the Court of Appeals of Georgia and filed within thirty days.

Interlocutory Application to Appeal

Interlocutory applications are filed to appeal family court orders that have been rendered by lower courts while proceedings are ongoing. You can file an application for interlocutory relief with the court within ten days of entering the order. The trial court has full discretion to grant or reject a review of the order.

Appealing Specific Issues

Decisions on the following family law matters may be appealed in the state of Georgia:

  • Divorce
  • Child custody
  • Alimony or spousal support awards
  • Parenting plans
  • Child support calculations
  • Asset, property, and debt distribution
  • Temporary relief orders
  • Domestic violence injunctions
  • Visitation and parental relocation
  • Determinations of child abuse or neglect

Grounds for Appeal

Appeals can be filed in Georgia based on any of the following grounds:

  • There was a mistake or error about the facts of the case
  • There was a legal error or mistake about the law
  • There is uncertainty about the law
  • There was an abuse of discretion
  • You received ineffective legal counsel
  • There was a conflict of interest
  • The judge failed to follow proper court procedures
  • Witness testimonies and evidence were not considered
  • The judge made an error in interpreting and applying the law

Overview of the Appeals Process

Before filing an appeal, the appealing party must first determine the type of appeal to file and the court to file the appeal. Here are the steps involved in the appeals process:

  • File a notice of appeal within 30 days of the day the judgment was issued
  • Provide a copy of the notice to the other party
  • Obtain transcripts of the court hearings
  • Outline the basis of your appeal and craft a written brief and oral argument
  • Prepare and file a brief within 20 days explaining your arguments for the appeal
  • The respondent may file a brief response to the arguments
  • A panel of three judges will review the case and make a decision

As for the possible outcome, the Court of Appeals may:

  • Dismiss your case
  • Transfer your case
  • Affirm the decision of the trial court
  • Vacate or reverse the trial court decision

Rely On Attorney Noreen Banks-Ware for Help

Family law decrees are not set in stone. The fact that your divorce, asset division, or parenting plan order has been entered by a lower court doesn’t mean the decision can’t be challenged. If you have good reasons to believe a family law case was unfairly or wrongly decided, consulting with an experienced family law attorney is crucial to advocate for your rights.

Attorney Noreen Banks-Ware has devoted her career to offering comprehensive and knowledgeable guidance to clients in family law appeal matters. As your legal counsel, she can evaluate all the details of your case and determine whether the circumstances warrant filing an appeal. She will educate you about the filing requirements, outline an effective strategy, and fight to have the family law judgment modified or overturned. Noreen Banks-Ware will help you navigate every phase of the appellate process and continue fighting for a favorable resolution.

Contact E.N. Banks-Ware Law Firm LLC to schedule a one-on-one case assessment with an experienced family law attorney. Noreen Banks-Ware can help protect your rights and fight for what is rightfully yours. The firm proudly serves clients across Lithonia, Conyers, Decatur, Covington, and McDonough, Georgia.