Can I appeal a judge’s decision in family court?
Family Lawyer Bloomington IL
Family court will make decisions related to divorce, child custody, child support, alimony, the division of assets, paternity, guardianship, and more. To ensure that a judge acts appropriately and has applied the law correctly, every state provides the ability for parties to appeal certain orders. If you feel that a judge made the wrong decision in your case, you should consult with a family lawyer about your legal options and whether or not you can file an appeal in Bloomington IL.
Can I appeal a judge’s decision in family court?
Some family court rulings can be appealed. This type of request is made to a higher court that will involve a judge, or panel of judges, to review the decision made by the lower court. This is not a rehearing, and you generally will not be able to present new evidence. The court of appeals’ objective is to review the trial record and determine whether or not the judge acted within his or her discretion. If the appeals court finds the judge acted accordingly, the decision will be upheld regardless of the appellate judges’ opinion on the matter.
Appealing Final Orders
In a majority of states, final orders given by the family court are the only cases that can be appealed. For example, in a divorce, a final order may include the final divorce decree, which might address asset distribution, child custody, and more. Temporary orders are pending and can only be appealed when you ask the appellate court to review them. For example, if you believe your child’s safety is at risk, or that there is another time-sensitive matter, you might be able to appeal the order. A family lawyer in Bloomington IL can help you to do this.
Issues That Can Be Appealed
Not all family law cases can be appealed. Grounds for an appeal are solely limited to:
Errors in law: A mistake in a court proceeding. An example of this would be when state law requires a parent who has been convicted of domestic violence to complete counseling before being awarded visitation rights, but a judge granted visitation without any proof of counseling.
A mistake in fact: When a judge reached a final conclusion that no other person could have reached based upon the evidence. An example of this might be when a parent is awarded sole custody even though they have been convicted of sexual abuse of a minor and the other parent has demonstrated to be a fit parent with no criminal record.
The Basics of an Appeal Process
If you would like to file an appeal with the family court, you should have a family lawyer helping you along the way. The process will go something like the following:
1. Filing a Notice of Appeal by your state’s deadline
2. Provide the court with with file transcripts of any hearings and also a written brief explaining the basis of your appeal
3. The court will make a ruling, either affirming the lower court’s decision or will issue a rehearing or retrial
This process can take between 6 months and one year, or longer in some cases. If you can show that you or your children are in immediate danger, the process could be expedited. There is no room for delay. If you would like to appeal a family court ruling, call a family lawyer Bloomington IL residents trust from Pioletti Pioletti & Nichols as soon as possible.
Frequently Asked Questions About Family Law
Our Bloomington, IL family lawyer understands that the experience of divorce and child custody issues is a challenging process for couples and families to endure. At Pioletti Pioletti & Nichols, we understand that family law matters can be emotionally challenging and legally complex. As your trusted lawyer, we’re here to provide clarity and support throughout your journey. Below, we’ve addressed five frequently asked questions about family law to help you better understand this area of practice.
Understanding Family Law
Family law encompasses legal matters related to familial relationships and domestic issues. It covers a wide range of topics, including divorce, child custody, adoption, paternity, and domestic violence. Our team of legal professionals have experience with navigating these sensitive matters with compassion and legal acumen, ensuring that our clients receive the guidance and representation they deserve.
Child Custody Determination
Child custody is determined based on the best interests of the child. Factors such as the child’s relationship with each parent, their living environment, and their emotional and physical needs are considered. Courts may award joint custody, where both parents share decision-making responsibilities, or sole custody, where one parent has primary physical and legal custody. Our lawyers will advocate for our clients’ parental rights and work to secure favorable custody arrangements that prioritize the well-being of the child.
Grounds For Divorce
There are both no-fault and fault grounds for divorce in Illinois. Fault-based grounds include adultery, abandonment, cruelty, and substance abuse. No-fault grounds, on the other hand, simply require a showing of irreconcilable differences that have caused the irretrievable breakdown of the marriage. As experienced Bloomington family lawyers, we can advise you on the most appropriate grounds for your divorce and guide you through the legal process with care and efficiency.
Alimony In Divorce
Alimony, also known as spousal support or maintenance, may be awarded to one spouse during or after divorce proceedings. The purpose of alimony is to provide financial support to a spouse who is unable to support themselves financially, either temporarily or permanently. Factors such as the length of the marriage, each spouse’s income and earning capacity, and their respective financial needs are considered when determining alimony payments. Our dedicated and experienced legal team advocates for fair and equitable alimony arrangements that meet our clients’ financial needs.
Calculating Child Support
Child support in Illinois is calculated using statutory guidelines that take into account both parents’ incomes and the number of children requiring support. Other factors, such as childcare expenses and healthcare costs, may also be considered. The non-custodial parent typically pays child support to the custodial parent to help cover the child’s basic needs, including food, clothing, and shelter. Our family lawyers can help you understand your rights and obligations regarding child support and work to ensure that the final support order is fair and reasonable for all parties involved.
In need of legal assistance for a family law matter? Contact Pioletti Pioletti & Nichols today to schedule a consultation with an experienced Bloomington family lawyer. Our legal team is available to help provide support and guidance when you need it the most.
