Legal Question in Family Law in Missouri
Appeal
My son just got a divorce and to make a long story short, his ex got the kid, he is appealing but does this have to go before the same judge???
My son was going for sole physical custody also, and the guardian ad litem recommended him for custody but judge went completely opposite. Not sure what to do, he is appealing but lawyer says we have to go before the same judge.
Looks loke to me he is not gonna like questioning his judgement, what do you think???
thanks
linda
1 Answer from Attorneys
Re: Appeal
The Rules of Civil Procedure require a party to file a Motion for a New Trial in the same Court that issued the Judgment in the first place. Most of these Motions are denied by the trial judge, since that Judge is unlikely to change his mind without a legally compelling reason. After the Motion is denied, or deemed denied by law if not ruled upon, then the party can file his or her Notice of Appeal and proceed to the Court of Appeals. I hope that you son has a good attorney, and wish him the best of luck.
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