What Order Governs a Family's Life After a Custody Appeal?
Автор: Speaker Law Firm
Загружено: 2021-08-31
Просмотров: 431
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Appellate Expert Liisa Speaker answers what order governs the family's life after your client wins their custody appeal?
She discusses:
1. When the appellate court reversed and remands, it means that the trial court's going to go and revisit its factual analysis and make new findings, so the prior custody order is most likely going to stay in effect, even during the remand proceedings.
2. When the COA vacates and order that means void or invalid. So that order that was appealed should just go away. The trial judge should not try to enforce that bad custody order.
3. When the case is on remand, after being vacated, the trial judge has to completely redo the custody analysis under the correct legal standard.
Click the link below for access to a family law journal article on the difference between reverse and vacate in family law cases.
Journal: https://bit.ly/3gLTnzq
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