This edition, in addition to bedrock family law principles, includes statutory and case law updates regarding jurisdiction, alimony, equitable division, business valuation, contempt, attorney fees, visitation, custody and de facto marriage concerns. It also includes updated, revised and new forms.
Judges make mistakes, witnesses remember it wrong and you may ask for improper relief. But, all is not lost. You have options.
Motion for New Trial. This motion, sometimes referred to as a motion for reconsideration, can provide an avenue for the Judge to correct the mistake. They must be filed within 10 days of the Final Judgment and they are not for a do-over, but to correct a clear error of law or fact.
Appeal. You may appeal any Final Judgment. You have 30 days to do so from the final ruling and if you do a timely Motion for New Trial it resets the appeal clock. Appeals can be cumbersome and daunting. These are to the appellate court, not the Court that decided your case. However, an appeal is based on what happened below, the trial record. It’s not for new happenings.
If you are the parent to a child then act like it.
We have seen the reports and stories of parents going off the deep end. Using illegal drugs, abusing substances, pursuing bad-idea relationships and ultimately putting their own selfish desires above the needs of their children. It’s time to stop.
There are only a handful of people that you, as a parent, are ultimately responsible for; yourself and the people you brought into this world, your children.
Don’t shirk your duties. Don’t neglect your children. Don’t be so consumed with your own desires that you lose sight of what is important. Don’t hate another person so much it clouds your judgment when it comes to your children.
Matthew Thompson is a Child Custody attorney and encourages parents to grow up and act like a parent.