Many Minnesota residents think of the appeals process as something that only pertains to criminal matters. What you may not realize is that you can appeal any court decision, even if it relates to a family matter such as divorce or child custody.
If you received an unfavorable outcome in Hennepin County Family Court, an appeal is possible. Contact the law firm of Beckman, Steen & Lungstrom for a free case consultation.
Family Appeals Process in Minneapolis
Appealing a family court decision requires filing a notice with the Minnesota Court of Appeals. In most cases, the deadline for filing is 60 days from the date of the final court order. You may not appeal a temporary decision, as there is still a chance the outcome may change before the final order.
Before begin heard in appeals court, a judge may order your case handled by Minnesota’s appellate mediation program. If ordered into mediation, you will receive a temporary order staying your appeal pending a successful mediation attempt.
If your case does not qualify for mediation, it will then be heard by a three-person panel of appellate court judges. These judges may overturn the original decision, uphold it, or remand it back to the trial court for further action.
Misconceptions Concerning Family Court Appeals
Appeals do not necessarily result in a brand new trial. Rather, they involve reviewing how the presiding judge applied the law. As such, you are more likely to be successful if your original case contained legal errors.
Errors in law can involve a faulty application of Minnesota law. Harmless errors, which are those that do not affect the outcome, are rarely grounds for an appeal.
You are bound by any previous court decisions while your appeal is pending. Accordingly, you should keep up with child and spousal support payments, in addition to following all custody orders.
Reasons to Hire a Family Law Attorney in Minnesota
A Minneapolis family law attorney is recommended any time you file an appeal. The Minnesota Court of Appeals is very strict about following protocol and ensuring all documents are submitted on time. Our law firm will see that everything is in order and that no deadlines are missed along the way.
Having an attorney can prove invaluable if you are ordered to mediation. Many times, people fail to achieve positive results from mediation because they do not know what to ask for. We can help guide you in this aspect so that you do not miss out on something you didn’t know you had the right to request.
Improper legal representation can lead to negative decisions in family court. If you are unhappy with your previous counselor, you are not obligated to use that same attorney again. Allow our team of experienced legal professionals to handle your family appeal instead.
Choosing a Reputable Law Firm
A lot is riding on your family court appeal. That’s especially true whenever your case involves children. You only get one shot at an appeal, which is why you should contact us before filing any paperwork.
As reputable family court attorneys, we are very familiar with how the Minnesota Court of Appeals operates. We’ll ensure that all details are in order so you can hopefully achieve a better outcome the second time around. While we cannot guarantee any particular results, we do promise to fight hard to get you and your family the justice you all deserve.
When filing a Minnesota family appeal, it’s important not to leave anything to chance. Don’t risk being stuck with a bad decision-call our law firm today to see if your case qualifies.