How long would a child custody appeal take to be heard by the superior court?

Asked about 3 years ago - Philadelphia, PA

I have a custody modification hearing soon in PA. I am not sure the outcome, but if the trial court does not grant me the modification, how much does an appeal cost and

Attorney answers (2)

  1. Lisa Marie Vari

    Pro

    Contributor Level 13

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    Answered . Each attorney will have a different cost for handling a family law appeal. Variables inlcude the attorney's hourly rate, the cost of having the transcript prepared by the court reporter and copied for the court, and the actual amount of time that it takes for the lawyer to read your transcript, formulate the appropriate issues for appeal, research those issues, draft your brief, and attend oral argument, if necessary, before the Superior Court. There is also preliminary work that must be done such as filing your Notice of Appeal and a Statement of Matters Complained of On Appeal.

    If you are not successful at trial, the first step would be to consider what errors may have been committed by the trial court judge and what the liklihood would be of having those errors reversed on appeal. The trial judge is the finder of fact and whatever facts he or she said she finds to be true, cannot be disturbed on appeal. Only legal issues can be reviewed and the attorney must consider what the standard on appeal would be in your case. In other words, how "wrong" must the trial court's decision be before the Superior Court will reverse it.

    Good luck at trial.

    The suggestions made are intended to inform and not advise and are based upon general statements of FL laws and... more
  2. Lisa Marie Vari

    Pro

    Contributor Level 13

    Answered . The PA Superior Court has implemented a "fast track" system for child custody cases. The process requires the trial court and lawyers to submit all required paperwork in a much quicker fashion and is designed so that appeals of custody cases are generally decided within 6 months. Most other Superior Court cases follow the regular track which can take over a year for a decision to be rendered by the Court.

    The suggestions made are intended to inform and not advise and are based upon general statements of PA laws and... more

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