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  1. #1
    Join Date
    Jun 2017
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    26

    Question What to Do if Your Ex- Appeals the Custody Judgment

    My question involves a child custody case from the State of: FLORIDA

    I will make this short but provide as much info as I can at the same time. Thanks for help in advance!

    In July of last year, 2016, My Ex-wife and I unfortunately entered in to a big court battle over our son. She was moving out of state over 4 hours away, she had been unstable in her jobs and employment over the past 5-6 years prior and she honestly overall didn't care about our son's well being and best interest, only the child support I was paying her...

    Skip forward to about a week ago and almost a year in and out of Court and Hearings and the Judge ruled in MY favor making me the Primary parent and also ordering her to pay me child support plus back child support for the last year when our son lived with me and she didn't help out any!

    Over almost a year in Court, my ex-wife and her Attorney had every chance to show their side and prove their facts and case, however, they didnt have anything really and every chance they got, they lied about things and shot their self in the foot. In the end, the Judge made his decision based on all the facts, situations and evidence and it worked out for me as I now have my son!

    However, now my ex-wife filed for a Re-hearing and tried to once again state a bunch of lies and things just way off the facts. The Judge has not made a decision on that yet, which I believe and should be denied. Now though, just a week after filing this motion for a re-hearing, her and her attorney have filled an Appeal.

    Now this is where my questions come in....

    I can no longer afford the attorney I had. I have spent almost $15,000 so far and just have no more money. So what is the next Step?

    Do I need to somehow respond to this Appeal with the Court?
    Will this go back to a Trial and/or Hearing and be another year or more in Court?
    What are the chances this Appeal is approved or denied?


    To me it seems like a slap in the face to the Court and the Judge by her, all because she didn't get her way in the end. I was hoping after a year in court and me finally having my son, this would be the end, but of course not..

    Any info or insight on this would be appreciated!!

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Child Custody Court Final Judgement

    Is this an appeal from a magistrate to a sitting judge, or an appeal from a sitting judge to the appellate court? It makes a huge difference.

  3. #3
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    Jun 2017
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    26

    Default Re: Child Custody Court Final Judgement

    It was a letter saying "This is an Appeal to the First District Court of Appeal for the Order of the Final Hearing"

    It states "The Order appealed is a final order subject to the Appellate Judicial review"

    This was filed by my ex-wife and her Attorney

  4. #4
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    Oct 2006
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    Default Re: Child Custody Court Final Judgement

    Quote Quoting Breezy70
    View Post
    It was a letter saying "This is an Appeal to the First District Court of Appeal for the Order of the Final Hearing"

    It states "The Order appealed is a final order subject to the Appellate Judicial review"

    This was filed by my ex-wife and her Attorney
    That is a full fledged appeal. You honestly must have an attorney to fight a case at the appellate level, and it will not be cheap.

  5. #5
    Join Date
    Jun 2017
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    Default Re: Child Custody Court Final Judgement

    Well that sounds good, but I have spent over $15,000 so far and myself and my family are in a financial bind!

    My Ex-wife has nothing to go on and nothing has changed, especially in her favor over the past year and if anything, she has only done more things wrong.

    How or why would a new Judge or Trial change anything that was already ruled on and took a year in Court?

    Also, do I need to somehow reply or respond to this Appeal with the court and if so, How

  6. #6
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    Sep 2005
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    Default Re: Child Custody Court Final Judgement

    An appeal is not cheap. Your ex- will need to order transcripts, and serve you with a copy. She will also need to serve you with a brief. Talk to your current lawyer about the appeal, and whether your lawyer handles appeals or can offer a referral. Discuss whether it would be sensible to wait and see what your ex- files in her brief before you decide whether to retain a lawyer to represent you in the appeal.

  7. #7
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    Jun 2017
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    26

    Default Re: Child Custody Court Final Judgement

    Being represented by an attorney is NOT an option. What you all fail to realize ever after I say it, is that I have spent $15,000 over the past year on attorney and court fees. I have 3 credit cards maxed out and a loan because of it. I can barely pay my regular bills now, so there is NO way I will have my lawyer back.

    Now moving on....I spent the past 12 months in and out of Court for this case. My Ex-wife could prove or show Nothing that was a reason she needed to have custody of our son. She is severely unstable with her jobs and residences, she had our son in 4 schools in 4 years he lived with her and he is always in the care of a babysitter or 3rd party when with her because she works alot.

    Now my question is....What type of reply do I need to do for the Court to state that I have no financial means of being represented and that their is no basis for this appeal??

    Thank You

  8. #8
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    Apr 2009
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    Default Re: Child Custody Court Final Judgement

    Quote Quoting Breezy70
    View Post
    Being represented by an attorney is NOT an option. What you all fail to realize ever after I say it, is that I have spent $15,000 over the past year on attorney and court fees. I have 3 credit cards maxed out and a loan because of it. I can barely pay my regular bills now, so there is NO way I will have my lawyer back.

    Now moving on....I spent the past 12 months in and out of Court for this case. My Ex-wife could prove or show Nothing that was a reason she needed to have custody of our son. She is severely unstable with her jobs and residences, she had our son in 4 schools in 4 years he lived with her and he is always in the care of a babysitter or 3rd party when with her because she works alot.

    Now my question is....What type of reply do I need to do for the Court to state that I have no financial means of being represented and that their is no basis for this appeal??

    Thank You
    What we all fail to realize?

    If you don't know what to do, you have two options:

    1. HIRE AN ATTORNEY

    2. Learn the local rules, the rules of civil procedure and everything else you need to do to defend yourself.

  9. #9
    Join Date
    Mar 2016
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    2,289

    Default Re: Child Custody Court Final Judgement

    Quote Quoting Breezy70
    View Post
    Being represented by an attorney is NOT an option. What you all fail to realize ever after I say it, is that I have spent $15,000 over the past year on attorney and court fees. I have 3 credit cards maxed out and a loan because of it. I can barely pay my regular bills now, so there is NO way I will have my lawyer back.

    Now moving on....I spent the past 12 months in and out of Court for this case. My Ex-wife could prove or show Nothing that was a reason she needed to have custody of our son. She is severely unstable with her jobs and residences, she had our son in 4 schools in 4 years he lived with her and he is always in the care of a babysitter or 3rd party when with her because she works alot.

    Now my question is....What type of reply do I need to do for the Court to state that I have no financial means of being represented and that their is no basis for this appeal??

    Thank You
    Most lawyers give free consultations. Or you can try researching using the Internet. Usually you can go to the court website and they list the paperwork required.

  10. #10
    Join Date
    Dec 2016
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    172

    Default Re: Child Custody Court Final Judgement

    Recently went through an appeal, so I would suggest you consult with an attorney that knows the appellate process. Not all family law attorneys are good at appeals.

    Also note that if you can prove that you are financially unable to afford the defense, you may be able to request that your ex pay attorney fees on top of her own. You will need to talk with an attorney to review if this is an option in your state and situation.

    Appeals are expensive, and only about 15% of them actually win. But it is important that you defend yourself.

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