Question:What happens in the Court of Appeal process?

What happens in the Court of Appeal process

The Court of Appeal, First Circuit reviews the record (including the transcript if requested) to determine if the decision is in error. The appellate procedure is established by state law and is also governed by the Uniform Rules of the Cou...

How long is the appeals process in the US Supreme Court??

When the US Supreme Court reviews a case under its appellate jurisdiction, the total time allocated for oral arguments (what would correspond to a trial in a District Court) is one hour, or 30 minutes for each side. For the most part, the J...

What is the appeal process for juvenile court?

Same as adult. Call your Public Defender and discuss it with him/her.

Is anyone familiar with the appeal process in a child custody case?

Q: In February 2008 I was awarded 50/50 shared custody of my two children from my first marriage. My ex wife was trying to leave the state with the children and move in with a man she had known maybe a month. No less than six months later she was trying to do the same thing and refusing to give me the children during my visitation time, so our attorney filed contempt of court paperwork. When we got to court contempt of court was never brought up and we found out her attorney and my attorney were friends and they had made a deal without consulting me prior to court. We now have an attorney who is appealing the case and she said you had to file the appeal within the first ten days after the original paperwork is filed. My question is does anyone know the stages of the appeal process. My attorney explained that the appeal would take about 30 days, but I guess I'm a little confused as to how this will all work. She said viewing the file there was no problem getting it overturned, but I guess I got confused as to what happens after the initial appeal is granted. Any insight will be greatly appreciated.

A: Unfortunately, there's no clear answer to this. You don't clarify what you're appealing. Is it the decision not to hold her in contempt? Also, have you file a complaint against both attorneys with the state supreme court, not the Bar Assoc? The Bar is just an attorney affiliation. You might also look into suing both attorneys for malpractice.As for going for full custody, this should help.♥♥♥♥♥♥♥I’ve been a Father’s Rights Advocate for 20 years. Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it.Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House.If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital.Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand. Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,http://www.rcfp.org/taping/Now, you can't just record, you also have to transcribe it into the daily journal.If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a free 200 page educational manual that can teach you what you need to know. Take the time to learn what you can and should do.http://health.groups.yahoo.com/group/DadsHouse/http://tinyurl.com/GiveKidsAChoicehttp://www.fathersandfamilies.org/http://www.parentalalienation.org/http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259