Legal Question in Family Law in Pennsylvania

how may I file exceptions to an orphans cort matter granting guardianship of my das to the state? are their forms?


Asked on 3/07/15, 11:48 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

If thee is a final order you can appeal ti Superior Court. What county are y9u in?

{John}

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Answered on 3/07/15, 12:09 pm
Justin Gearty Law Office of Justin C Gearty Jr

There is no standard form for filing exceptions. This is a document that is filed when you have a hearing before a hearing officer or master and disagree with their recommendations and want the judge to review this. This is a relatively complicated document and you really should have an attorney to write it. The presumption is that the the hearing officer got it right so the burden of proof is on you to show that they misapplied the facts to the law, used the wrong law, misinterpreted the law, made some procedural error under the local or state rules of procedure or made an incorrect evidentiary ruling that impacted the final recommondation. If you have no experience working in the legal field, it would be nearly impossible for you to read all of the law that would have to be known to assess the case and write proper exceptions within the time limits. If you lack experience in legal research, it would be very difficult to even find all of the law that you would need within the time frames let alone read it all Within the time frames. If the exceptions are not filed on or before the deadline, you will forever waive your right to address these matters.

If you have an attorney, I would suggest you contact him right away and let him know you want to file exceptions. If you don't have an attorney, I would suggest that you retain one right away as that will give you your best odds of success. Of course, without knowing much more information, I cannot speak to your likely hood of success, but I can say that I have seen people try to do stuff like this without an attorney and are rarely successful.

If you don't have an attorney and would like to discuss further, feel free to give me a call for a free phone consultation. My firm accepts cases throughout the state for these types of matters.

Respectfully,

Justin C. Gearty Jr., Esquire

Email: [email protected]

Phone: 717-490-6325

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Answered on 3/07/15, 3:08 pm


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