Legal Question in Family Law in Florida

My ex wife and I went to court because she wanted to relocate to Virginia and take our son with her. She was denied but has submitted an appeal in the hopes that the judges decision will be overuled. What are the chances that that could happen? Could the fact that she moved before we even went to court be a factor in our favor? What do I need to do now?


Asked on 9/11/15, 10:09 pm

4 Answers from Attorneys

Robert McCall Law Office of Robert McCall

I hope you have an attorney and are talking to them. Appeals are complicated and have numerous procedural roadblocks. What will happen depends on which court hears the appeal. In some areas it is almost automatic that appeals by unrepresented parties are denied.

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Answered on 9/12/15, 3:59 am
Barry Kaufman The Law Office of Barry W. Kaufman

To piggyback upon Mr. McCall's answer, an appeal is not a retrial of the case. The appellate court basically looks at the law at issue and asks itself whether the trial court correctly applied the correct law to the facts of the case which were presented in the form of physical evidence or sworn testimony. Mr. McCall is more than correct when he says that appeals are complicated with numerous procedural roadblocks. Because the appellate process can be a tricky river to navigate, many unrepresented parties lose their appeal on procedural grounds. If you haven't done so already, you should at least talk to an attorney who has some experience doing appellate work.

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Answered on 9/12/15, 7:26 am
John Smitten Carey and Leisure

It is hard to win an appeal, the burden of proof is that the court abused its discretion or misapplied the law to the facts of the case.

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Answered on 9/13/15, 3:52 pm
Lucreita Becude Lucreita D. Becude, P.A.

If she has moved and the court has denied her order of relocation - where is the child. If the child is with her, then you need to file for a pick up order of the child and present the sheriff with the order. Let the court know so that a pick up can be issued.

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Answered on 9/14/15, 8:23 am


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