Legal Question in Family Law in New Jersey
Appellete Decsion
I have a son who had the last of my husband who was not his biological father. We divorced and I wanted to change my son's sir name to my maiden name. through time his biological father became involved and objected to the name change. The family judge granted my son's name change to the father's sir name. So, I apppealed the decison. the Appellate court totally reversed the judges decison because the reasons he gave could be taken as sexist against women and racist against certain ethnical groups. When my attorney informed the judge about the decsion (however they do it), the judge wrote a letter back saying this did not apply to the 5-day rule and if we want to file a new motion he will consider any new information. My question is if the Appellate divison overturned his decsion can this judge just ignore this? If so, what is the appellate Divison for?
1 Answer from Attorneys
Re: Appellete Decsion
Of course, the Judge sitting at the Trial level is bound by the Appellate level decision. I don't know what the five-day rule has to do with anything. If the Judge was reversed, he was reversed. You didn't state that the matter was remanded back to the Trial Judge, so it's done.
Are you still represented by the attorney who won your appeal for you?
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