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Appealing final judgement of child custody change?

Trenton, FL |

When someone files an appeal of child custody final judgement, are all of the documents presented in court included in the appeal for the higher court to review, or are only the documents that were entered as evidence used in the review? What does "Directions to the Clerk" mean? On what grounds can someone file an appeal? I've seen that there has to be an error of law, but what does that mean?

Attorney Answers 1


The appellant directs the clerk to prepare the record, which includes only those parts of the record the appellant indicates, at appellant's expense. The directions will say what parts those are. The parties will also get an index from the clerk. If the appellee does not like what is in the directions he can supplement the record at his expense, within the time frames provided by the rules, which are short. If the record is incomplete according to timely directions, then it can also be supplemented later by motion, or if there is other good cause. The grounds upon which someone can file an appeal are many and varied, they depend on what happened at trial, they can be evidentiary mistakes that are harmful to the outcome, they can be a misapplication of law by the trial court, they can be a ruling made without substantial competent evidence, failure to make statutorily required findings - any number of things. You really need an appellate attorney to review the record to determine if there are grounds for appeal.

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Heather Morcroft

Heather Morcroft


Also, you mention documents - without transcripts of relevant hearings you are not going to have much to go on in an appeal. That is why you need to have a court reporter present at all hearings, and also why you need to arrange for the transcriptions to be filed with the trial court and made a part of the record.

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