Q: The judge's ruling on the petitioners request for order was inconsistent with the facts of the case, ? about appeal
The judge disregarded admitted evidence in my evidentiary hearing. In his judgement he stated facts that are false, the transcripts of the hearing will directly prove this as I got in evidence while my ex-husband was on the stand and confirmed texts messages clearly stating time we each had my son. My ex was granted a relocation under the precedent that the time was mainly spent with his dad and I didn't meet the burden of proof. However the burden of proof in a relocation case is with the party trying to move which is not me and his father did not meet that standard of proof. Additionally in the judgement the judge stated facts of the case incorrectly and I just want to know the best way to go about my appeal. I cannot afford a lawyer. But I am sharp as a tack and will figure this out. Just wondered if there was a shortcut way to appeal under these grounds. Thanks
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A:
If you believe that the judge's ruling in your case was inconsistent with the facts and the evidence presented, you may have grounds to appeal the decision. An appeal is a formal request to a higher court to review the decision made by the lower court.
To start the appeal process, you will need to file a notice of appeal within the specified timeframe. In California, you generally have 60 days from the date the judgment is entered to file a notice of appeal.
It's important to note that the appeals process can be complex and time-consuming. While you can represent yourself in an appeal, it's recommended that you consult with an attorney who specializes in appellate law to guide you through the process and ensure that your rights are protected.
If you cannot afford an attorney, you may be able to find legal aid organizations that can provide you with pro bono or low-cost legal assistance. Additionally, some law schools offer legal clinics where law students can provide legal services under the supervision of licensed attorneys.
Appeals are generally based on legal errors made by the lower court, such as misapplying the law or disregarding evidence. To be successful on appeal, you will need to show that the lower court made a reversible error that affected the outcome of the case.
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