Can misrepresentation be used as a reason for appeal,when the lawyer did not use evidence that the client had requested for the final hearing?How can one get an advocate for the child involved when there was none during the custody case?Is there a time line for appeal?Also can evidence that was used during the final hearing be questioned or thrown out (after the fact) when it was used in a misleading way ,such as a web page that was seperated in two parts but was copied and used as if it was together as a whole,which in turn made things appear in a different light,thus being misconstrued.
2006-09-15 23:56:13 · 5 answers · asked by mylov_lee 1 in Family & Relationships ➔ Other - Family & Relationships
how would i go about appealing the courts decision?
2006-09-18 20:28:45 · update #1
Yes you can appeal this, because custody is not a right granted to the guardian.. it is a right enjoyed by the child. so, whatsoever is in the favor of the child shall be applied.
Dead line for this appeal will be 20 days. unless you didn't have a lawyer in the first trial, and thus, you were lacking one of your rights "to appoint a lawyer who understands the due process of law". in this case the appeal shall not be limited by a deadline.
You can get a lawyer there; if I were in America now, I'd have taken your case for free, but visit this site: www.findlaw.com
Evidence can be re-questioned because the court must make sure that the evidence represented is not misleading. that's why the law gives it the right to choose experts and call them as witnesses.
The web pages you mentioned is a mal evidence and can be attacked. best regards in your case.
2006-09-16 00:03:35 · answer #1 · answered by Lawrence of Arabia 6 · 0⤊ 0⤋
i don't know about Florida but in most states a child custody case can and most of the time does get appealed to the state supreme court at which time the supreme court decides whither there is enough of a reason to overturn or retry the verdict on the decision depending on the appeal filed by one of the lawyers and the court records but after the supreme court rules it final . if you are looking for a appeal in a case have a lawyer draw it up and submit it ,making sure this lawyer has all the facts to submit it in full detail
2006-09-16 07:06:34 · answer #2 · answered by wiz of ia 2 · 0⤊ 0⤋
Lawyers love it. They can start the case over and over and over again. Makes them great money. Funny how the Judge is always different though. Either you have a great case or give it up. You will go homeless if you keep paying lawyers.
2006-09-16 07:06:49 · answer #3 · answered by bill a 5 · 0⤊ 0⤋
i don't have all the answers you are looking for but i did find this website which has a state by state index of all the laws applying to child custody in each state. i live in CA so the laws are different here as they are in every state. i would say check out this website...talk to another attorney....the attorney is supposed to be working in your best interest, so find one who will do as you ask them to. i would file a new custody case- or appeal.....good luckj check out the site and get a new lawyer
CustodySource.com
2006-09-16 07:06:00 · answer #4 · answered by April H 2 · 0⤊ 0⤋
Find a lawyer referral service and you will be surprised what can be done in this situation.
2006-09-16 07:09:03 · answer #5 · answered by Angela 7 · 0⤊ 0⤋