Legal Question in Family Law in Michigan
appeal a judges decision
i was granted permission to move out of state with my children. what are the chances the father can change that by appealing the judges decision?
2 Answers from Attorneys
Re: appeal a judges decision
hard to tell without knowing the basis and factors that the judge looked at when making his determination. chances of reversal are probably only 5-10% - and only if he had a really good argument or basis for keeping the children in the state. the standard for reversal is high, i.e., the court would not reverse the judge's decision unless there was serious error. appellate courts generally defer to the judge's decision, especially when it is fact-based, as it is the judge that looks closely at all the facts before making his decision. an appeal will take a while too - maybe even more than a year or so to resolve.
Re: appeal a judges decision
Without knowing more details, all I can say is that the judge has discretion on this issue and it would be very difficult for your ex to show that the judge has abused his discretion. Therefore, generally, you are in good shape. William S. Stern