The family court transgresses the rights of fathers daily. It is a despicable court devoid of due process that flagrantly violates constitutional rights especially of fathers. Having received a rights-denying judgment, fathers should recognize what they can appeal about it, when and how…
It must be a trial judgment:
You cannot appeal anything you ‘signed’ – such as an agreement. That’s because you ‘agreed’ to it and signed it as evidence of your agreement.
You may now think it was a bad decision to have signed it. And you may think that you were overly and unjustly coerced into signing it. But you can’t appeal it. What you can do is file for a ‘modification’ (i.e. file a complaint for modification in the family court) of that ‘agreement’ justified by changes in circumstance upon which the agreement was made. Next time learn not to be easily coerced into an unacceptable agreement.
You can only ‘appeal’ a trial judgment. That’s a judgment that follows a trial on the complaint in family court. That’s because that judgment is imposed on you by the judge! You appeal it to your state’s Appeals Court. That’s a higher court than the ‘trial court’ (i.e. the family court) that gave you the judgment.
You must timely file for your appeal:
Generally, you have only a limited time to file your appeal of a family court judgment in your state’s appeals court. Typically you must submit a ‘notice of appeal’ within 30 days from the date that the family court judge signed your judgment (see the date next to his signature on your judgment).
If you wait longer than that, you’ll most likely – according to the rules of court in your state – have to motion to that family court judge that you wish to appeal his judgment. That can be a little sticky.
The good part is that the ‘notice of appeal’ is simply a one page paper you send to the appeals court that shows your case – trial court name, county, your case name, trial court docket number – and states that you wish to appeal from the judgment identified by the date the judge signed it. You send a copy of it to the other side and to the family court too.
Then follow a few other simple notifications according to the rules of court. The rules of appellate procedure (you can find online for your state) make it simple and clear as to when each subsequent obligation on your part must occur.
But you’re still not obligated to carry through the appeal. Then you can think it over – to see if it is worth appealing and drop it if it’s not. Speak with a Los Angeles Orange County Lawyer for help with this.
What specifically do you appeal?
All appeals are based on asserting ‘errors’ made by the judge in arriving at the judgment he gave you and asking the appeals court to overturn that judgment based on the validity of those errors. The trial judge arrived making his judgment based on the trial, its procedures, its evidence presented and testimony given. The judge is responsible for all this since it occurs under his authority as judge in charge.
Based on the proof and relevance of your asserted ‘errors of the court’ the appeals court will either overturn the trial court judgment – often by suggesting corrections in the judgment to the trial judge through ‘remanding the judgment’