Q: My ex husband was just given full physical custody per the judges final order. Can I appeal this and how do I do it?
He received temp full physical custody a year ago and we had our final hearing on Aug 18 2014. He was granted that due to an altercation between my current husband and I in sept.things have changed a lot since then for the better but I feel I wasn't given a fair trial this time and I want to find out how to appeal this ruling and get my daughter back.
A: We aren't going to be able to coach you through an appeal from this web site. An appeal from this kind of a decision is fairly difficult and technical. You will need to order a transcript of the proceedings ($$). You will need to have an appellate brief prepared setting out the errors you believe the trial judge made. The appeal is not a new trial, so you won't be able to present new evidence. There are some circumstances where you can bring new evidence to the attention of the trial court judge, but again, this is not easy to do. You're just going to need to hire a lawyer.
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