Family Law Appeals Lawyer Florida
Not every family court decision is final—especially when the law has been misapplied or important facts were overlooked. In Florida, if you believe the judge made a legal error in your divorce, custody, support, or other family law case, you may have the right to appeal. At Cruz Legal, P.A., attorney Marisol Cruz represents clients across all six Florida District Courts of Appeal in challenging or defending trial court rulings. As a seasoned family law attorney and appellate advocate, Marisol offers sharp legal analysis, detailed record review, and persuasive written arguments designed to help correct judicial mistakes and protect your rights.
Appeals are highly technical and governed by strict deadlines. The process requires an experienced attorney who understands both family law and appellate procedure. Whether you’re a parent seeking to overturn a custody order or a former spouse challenging a financial ruling, Cruz Legal, P.A. provides the knowledge and focus needed to pursue a family law appeal effectively in Florida’s state courts.
What Is a Family Law Appeal?
An appeal is a request for a higher court—the District Court of Appeal—to review the decision of a lower family court. It is not a retrial. No new evidence is introduced, and no new witnesses are called. Instead, the appellate court examines the trial record to determine whether the judge followed the law and ruled fairly based on the evidence presented.
Common grounds for appeal include:
- Failure to apply the correct Florida law
- Rulings not supported by evidence
- Improper admission or exclusion of evidence
- Insufficient factual findings in the final judgment
- Violations of due process or procedural rules
If the appellate court finds a legal error that affected the outcome, it may reverse the decision, order a new trial, or send the case back for further proceedings.
Types of Family Law Issues That Can Be Appealed
Final judgments and some non-final orders in the following areas may be appealed:
- Divorce (Dissolution of Marriage)
- Child custody and time-sharing
- Alimony awards or denials
- Child support calculations
- Equitable distribution of property and debts
- Paternity determinations
- Modifications and enforcement of prior orders
Whether you’re appealing a full judgment or a specific provision (such as the parenting plan or asset division), Marisol Cruz will help you understand your options and the likelihood of success on appeal.
How the Appeals Process Works in Florida
Appealing a family law case in Florida involves several key steps:
- Notice of Appeal – Must be filed within 30 days of the final order
- Record on Appeal – Includes all relevant court transcripts and documents
- Initial Brief – The appealing party explains the legal errors and requested relief
- Answer Brief – The opposing party responds with their own arguments
- Reply Brief – Optional rebuttal from the appealing party
- Oral Argument – In some cases, the appellate court allows in-person legal arguments
- Opinion Issued – The appellate court affirms, reverses, or remands the case
The appeals process is document-driven. Success depends heavily on strong legal writing, precise analysis, and a deep understanding of Florida family law statutes and case law.
Should You File an Appeal?
Appeals are not about whether the outcome felt unfair—they must be based on actual legal or procedural mistakes. Before filing, Marisol Cruz will carefully review the trial court record, evaluate the legal arguments available, and help you decide whether an appeal is warranted.
Filing an appeal may be appropriate if:
- You were denied the opportunity to present key evidence
- The judge misinterpreted or ignored applicable Florida law
- The court made a custody ruling unsupported by evidence
- Important financial details were overlooked or miscalculated
- There is a clear record of bias or procedural unfairness
Defending a Favorable Ruling
If the other party is appealing a favorable decision in your case, Cruz Legal, P.A. can represent you as the appellee. This includes filing a strong answer brief and, when necessary, presenting oral arguments to defend the original ruling. Marisol will focus on showing that the trial court acted within its discretion and applied the law correctly.
Frequently Asked Questions
- How much time do I have to file an appeal?
In most cases, you must file a Notice of Appeal within 30 days of the final judgment. Do not delay. - Will I have to go to court again?
Appeals are mostly written. Oral argument may be scheduled, but no new trial or evidence occurs. - Can I appeal a temporary order?
Generally no, unless it causes immediate and irreparable harm. Most appeals focus on final judgments. - Can new evidence be presented during the appeal?
No. The appeal is limited to the evidence and testimony in the trial court record. - Will appealing stop the original order from being enforced?
Not automatically. You must request a stay, and a bond may be required. - What if I win my appeal?
The appellate court may reverse the decision, send it back to the trial court, or order a new hearing. - What if I lose?
You may have the option to request a rehearing or petition the Florida Supreme Court, depending on the issue. - Can I do the appeal myself?
It’s possible, but not recommended. Appeals are technical and require formal legal briefing that meets strict standards. - How long does the appeal take?
Most family law appeals in Florida take between 6–12 months, depending on the complexity of the case. - Do you handle appeals across Florida?
Yes. Cruz Legal, P.A. handles family law appeals in all six Florida District Courts of Appeal.
Protect Your Rights—Appeal with Confidence
If your family law case ended with an unfair or legally flawed ruling, don’t assume nothing can be done. Marisol Cruz brings the clarity, tenacity, and legal insight needed to guide your appeal across Florida’s appellate courts.
Call to schedule a consultation and learn how Cruz Legal, P.A. can help you take the next step toward correcting a court decision that doesn’t align with the law or your future.