how to appeals in child custody cases work in ga?

Question

I recently won my child custody case with permission to relocate to another country. However the father with whom i was never married has already filed an appeal. Neither one of us has used a lawyer due to lack of funds. I am trying to understand the procedure especially since there was no court reporter on our case and he is claiming totally new stuff in the appeal that he did not bring up in court. Almost like a new petition. I'm I suppose to reply to it or wait for the court to contact me. He did serve me with a notice to appeal in which he messed up in most cases confusing the terms appellant and appellee in quite a few places such that it is even confusing to me. He does however say he has evidence in the form of e-mails i wrote to other parties but he did not include this in the paperwork he sent me. Shouldn't he give me everything he gives the court? Any advice will be largely appreciated. He is only doing this to delay me from leaving to take up a new job overseas.

Answer 1

An appeal court only uses the record for evidence. His evidence is not litigated on appeal. An appeal court only determines if the lower court has made an error. Sounds like you ex is clueless on what he is doing. Yes, you will respond to his brief. Notice of appeal requires you to do nothing. The appeal court will order the lower court to send up the record once noticed. What you are saying his motive is most likely is correct. Unless he asks for an order from the appeal court to stay the order of lower court, you are free to follow the lower court's order. Have a nice life overseas.

Answer 2

If you are unmarried in Georgia, the custody of the child is automatically the mothers. I went through this four months ago and the lawyers all told me there was no reason to fight for custody because I already had it. Now, if the dad takes you to court to fight it then there is a reason, so maybe thats what you did. I think there is a 6 month or 1 year limit as to when you can appeal the decisions, so its not like he could do that with every court decision. If you have permission from the court to leave, and no paperwork telling you about this alleged appeal from the court, then you can go. Call your lawyer and double check, but you can go if you have the paperwork saying that.

Answer 3

i don't know about Florida but in most states a child custody case can and most of the time does get appealed to the state supreme court at which time the supreme court decides whither there is enough of a reason to overturn or retry the verdict on the decision depending on the appeal filed by one of the lawyers and the court records but after the supreme court rules it final . if you are looking for a appeal in a case have a lawyer draw it up and submit it ,making sure this lawyer has all the facts to submit it in full detail

Answer 4

Contact an attorney at once.