You just had a matter decided in family court and you are not happy with the decision. You are in complete disagreement with the decision because the outcome was not the one you were looking for.
When this is the case, you have the right to file an appeal with the help of your Minneapolis family law lawyer. The courts don’t always get it right, so this is an important process.
Effective Guidance Through The Appeals Process
In family law cases, the judge’s decision may be appealed by taking the following steps:
- Show that the judge’s decision didn’t follow controlling legal principles.
- Show that the judge’s decision wasn’t based on substantial and credible evidence.
- Show that discretion was abused when the judge made their decision.
When a family legal matter is appealed, the Minnesota Court of Appeals handles the review. There is not much time for a person to appeal the judge’s initial decision. There are also very strict rules that your attorney can help you navigate. For instance, the brief needs to be submitted in the right format or the clerk’s office can reject it. A simple mistake can result in the appeal not moving forward. This is why an attorney is needed to file the appeal on your behalf.
Helping You Exercise Your Rights
The ability to file an appeal is a right and a right that you should be able to exercise when you need to. It is an emotionally trying time because multiple individuals could be affected by the outcome. Keep in mind that the original decision remains in effect during the appeals process unless a “stay pending appeal” is put in place. Your Minneapolis family law attorney can file a motion to obtain this stay. However, there are some things that must be proven.
Once you file your family law appeal, you should know that Appellate Mediation will almost certainly be required. Yes, even though you have a binding decision from the District Court, the Minnesota Court of Appeals will require you to attempt mediation with the opposing party before allowing the appeal to move forward. If mediation is not successful, the case moves on to the briefing stage. You Minnesota Family Law Lawyer at Beyer & Simonson, LLC can help you with this.
Contact A Minneapolis Family Law Lawyer
There are times when a judge makes a decision that one party doesn’t agree with. Fortunately, the legal system allows the individual to appeal the decision in an effort to secure a better outcome. If you are not satisfied with a judgment handed down in family court, it is important to speak with an experienced attorney who can advocate for you through the appeals process. A successful appeal requires more than just disagreeing with a Judge’s decision, though. Every case is unique. Only after hearing the specific facts of your case can a Minnesota Family Law lawyer determine whether there is merit to a potential appeal.
To learn more, call Beyer & Simonson, LLC at 952-303-6007 to schedule a free consultation.