Legal Question in Appeals and Writs in Utah

Can you appeal a judges decision

Just had my court day today, the judge awarded my ex-husband primary caregiver starting next year when our oldest child goes to school, he stated that because my husband has so much family in the area and because I live 150 miles, and also I am living with a man waiting for my divorce to go through that my ex- should have primary care, but, until that time we are to still go with the visitation plans as we have been doing. Can or do I have the right when I get remarried and before next August to file an appeal??Please help me.

Thank You Connie


Asked on 8/25/05, 4:33 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can you appeal a judges decision

You have 30 days from the signing of the order to appeal. If the decision was by a commissioner you can appeal to the judge - although a judge usually follows the commissioner's recommendations. If the decision was by a judge you appeal to the Court of Appeals - which has very specific grounds for appeal.

You can also file again later if there is a substantial change in circumstances.

The courts make their custody decisions based on what is in the best interests of the children. Your appeal will have to address all of the relevant issues regarding their best interests (including your live in partner.)

By way of counsel, I suggest you consider moving out from your live in until you can legally marry. This is a big issue for some judges. It would help your case for you to move closer to the children.

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Answered on 8/25/05, 5:32 pm


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