Alpharetta Appeals Lawyer
If you believe the court made an error in your family law proceeding, you could have the right to file an appeal. The appeals process will allow you to take your case to a higher court so they can review your case and modify it if necessary. Georgia law allows either party to appeal a final court order in family law matters. However, you should consider various factors that might influence the outcome. By speaking with an Alpharetta appeals lawyer, you can also avoid costly mistakes that many other people make.
All divorce petitions, paternity suits, and modification actions initially occur in the Georgia trial courts’ Superior Court level. Sometimes mistakes can happen, and a judge issues the wrong decision. In this situation, your case could be reviewed by the Georgia appellate courts like the Supreme Court and the Court of Appeals.
Each of Georgia’s appellate courts has its own procedures and rules on how appeals are handled. You must apply for permission to appeal, unless your case involves child custody. Unlike other types of civil litigation, there is no automatic right of appeal. Appeals are not available just because you are unhappy with the lower court’s decision; there needs to be an appealable issue.
Types of Georgia Family Law Cases that Can Be Appealed
Certain family law matters could be appealed in Georgia, including:
- Child custody and visitation: Child custody matters are the only ones with a direct right of appeal, so you can challenge if you think the court made an error in the award.
- Child support: If the court failed to follow the child support guidelines and issued an excessive child support award, then you could have the right to appeal.
- Spousal support: If the court awarded an amount that was not justified, you might have an appealable issue. This is one issue where you definitely need to speak with an experienced attorney for guidance.
- Division of marital property: If the court awarded property to one party that goes against the Georgia property division laws, there could be grounds for an appeals argument.
- Relocation requests: When one parent applies to move beyond a certain distance, it requires court approval. If the court made a mistake in their ruling, talk to our office to determine whether it’s an appealable issue.
How an Alpharetta Appeals Attorney Can Help
As mentioned, child custody cases are allowed to file a direct appeal, while other family law matters are subject to discretionary appeals. When you work with an Alpharetta appeals attorney at Buckhead Family Law, we can help you determine whether you have a valid case for appeal. We will also help you decide whether an appeal is the right course of action for your particular situation. Georgia appellate courts will deny motions to appeal if they consider your case to be frivolous. The court may go so far as to apply penalty fees. That is why we recommend meeting with us prior to trying to appeal on your own.
To learn more about family law appeals in Georgia, speak with one of our Alpharetta appeals attorneys as soon as possible. Call Buckhead Family Law today, or contact us online to schedule an initial consultation.