Sunday, December 26, 2010

Appeals of a New Jersey Child Custody Trial

Every litigant has an absolute right of appeal from a decision and order rendered by the trial court. If you disagree with the decision after trial, you can file a document known as a "notice of appeal within 45 days following service upon you or your lawyer of the final order.  If you fail to file an appeal of your custody case within this prescribed period of time may forever bar you from filing an appeal.  You may be able to obtain a 30 day extension for good cause. 

Whether you exercise your right of appeal will depend upon your lawyer's assessment of  whether issues of law and fact can be presented to the New Jersey Appellate Division that could result in a reversal or a new trial.  Since the appellate process is expensive (you must  pay the cost of the trial transcript) and attorney fees can be extremely high, this decision should not be made lightly.  In the final analysis what should be considered is the risk to reward ratio...that is the amounts that can be recovered against the cost involved.  Only a New Jersey child custody attorney with substantial experience in the field should be considered.


Monmouth County Divorce Lawyers

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