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How long does it usually take to hear back about an appeal in Family Court?

Ripley, WV |
Filed under: Family law

The appeal was filed a week shy of 60 days ago.

Attorney Answers 2

Posted

What does the appeal involve? That matters

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Posted

a request to have a new judge look at the case due to numerous court errors. Live testimony by teachers were covered up and excluded from the final order as though the testimonies did not occur. Court failed to see the relevance of the evidence. Decision was based without ANY fact or proof while all facts and proof were ignored in favor of the other party. I'm also in the process of filing Judicial and GAL grievances with the ethics board. The claims made in the final order are purely assumption when facts were ignored. There was bias the entire time which is proven with transcripts and then the way the final order is written out. I've gone the whole thing pro se but had Legal Aid review it all as well. I was told I'd done an outstanding job but that the judge seemed extremely biased with the decisions being made and that she'd likely not change her mind no matter what was provided to the court.... so I stuck it out until the final order. I've appealed. Waiting to hear a reply. After that I'm not really certain what my next move is? A friend who practiced law in PA suggested waiting a month or so if the appeal is denied and then just refiling custody papers to start a new trial, but I'm not sure if that's possible or the correct way to go about it?

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Posted

I can go into more detail if that would help, just let me know...

Posted

I can see this is related to your earlier question. The appeal process can take a long time. It is a function of the complexity of the case and the court's ability to move through its cases. The only time an appeal is short, is usually because it's dismissed right away for being flawed or so meritless on its face. I do not know how long it takes cases to get thru appeal in WV. Here is Mass., it can often be 1 year+. You might be able to get a sense of how long from the clerk's office, but don't count on something quick. If circumstances change while the appeal is pending, you should be able to seek modification in the trial court.

To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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Thanks again Mr. Callahan!

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