Family Law Appeals FAQs

Family law disputes can be difficult to resolve without court intervention, and parties involved in disagreements concerning child custody, property division, and spousal and child support will typically ask a court to decide their obligations and rights. Judges overseeing family law matters sometimes fail to render fair decisions that align with the applicable laws, though, and parties whose rights are affected by unjust outcomes may wish to challenge the decision through the appeals process. If you suspect that a judge ruled incorrectly in your case and you have questions about family law appeals, you should speak to a lawyer regarding your options. Sandy T. Fox is a capable family law attorney based in Miami who routinely helps parties navigate the process of pursuing an appeal, and if you hire him, he will advocate aggressively on your behalf. Mr. Fox is a Florida Bar Board Certified specialist in Marital & Family Law, and he regularly represents parties in family law cases.

Final orders that judges issue in child custody, divorce, child or spousal support, and paternity cases are generally subject to appeal. Conversely, parties can only appeal nonfinal orders issued in family law cases under certain circumstances. For example, appeals may be available for nonfinal orders addressing immediate economic relief, completely invalidating a prenuptial or postnuptial agreement, or pertaining to child custody or time-sharing rights pursuant to a parenting plan.

Grounds for appeal typically arise when there are errors in the application of Florida statutes or previous court decisions, failure to consider or evaluate the evidence offered by the parties, or an abuse of discretion by the judge. For example, if a judge's ruling contradicts established law or ignores significant evidence, it may warrant an appeal. Similarly, if a judge's decision is deemed to be unreasonable or arbitrary, it may be considered an abuse of discretion, which may be grounds for appeal.

The procedure for filing a family law appeal varies based on the type of order in question. Generally, for both final and nonfinal orders, a notice of appeal must be filed 30 days from the date the trial court issued the order. After filing an appeal, the appealing party's attorney must file a brief setting forth the legal basis for asking the court to reverse the original order. The opposing party will then typically file a brief asking the court to affirm the original order. It's imperative to point out that the appellate court’s scope of review is limited to evaluating whether the trial court committed any errors.

Appeals in Florida family law cases differ from trial court proceedings in numerous ways. While trial courts resolve disputes based on evidence and law, appeals primarily review legal errors made in the trial court's decisions rather than re-litigating facts. The standard of review in appeals is more about whether the law was correctly applied than evaluating factual findings. Appellate proceedings involve written briefs and possibly oral arguments, focusing on specific legal issues from the trial. Unlike trial courts, no new evidence is typically introduced in appeals. Finally, the remedy sought in appeals is often a reversal or modification of the trial court's ruling based on identified legal errors rather than resolving the underlying dispute.

Judges generally deliver thoughtful and reasoned decisions in family law cases, but when they fail to rule in accordance with the law or facts of the case, their decisions may be subject to appeal. If you have questions about whether you may be able to pursue an appeal in your family law case, it is smart to speak with an attorney. The seasoned Miami divorce attorneys of the Law Offices of Sandy T. Fox, P.A., can assess the facts of your case and help you to pursue the best legal result available under the circumstances. Our office is located in Aventura, and we frequently represent parties in family law appeals proceedings in Miami. You can reach us to arrange a conference by calling 800-596-0579 or using our online form.