If your divorce case goes wrong, you made need to appeal the judge’s decision. Judges don’t always get it right. I’ve witnessed this as a Jacksonville family and divorce lawyer. Whenever, cases have reached a final conclusion, our legal system allows a person to appeal the decision. In family cases, judges listen to evidence at trials and must decide what is in the best interest of a child when considering time-sharing or child custody issues. Florida Statute 61.13(3) lists the factors that the judge should use. The trial judge has discretion to do what he or she sees fit and in accord with the facts and the law in each case.
When cases are appealed, the appeals court will look back at the decision made by the trial judge and decide whether the judge abused his or her discretion. In the recently decided case of Niekamp v. Niekamp, the Second District Court of Appeals overruled a Leon County, Florida judge regarding several issues. The judge in the Niekamp case awarded no time-sharing to the Husband in the case, but did not implement a plan for reunification of the Husband and the children. The appeals court deemed the lack of a reunification plan as an abuse of discretion. Although the trial judge found that no time-sharing was appropriate for the time, there was no evidence that it was in the children’s best interest to never be reunited with the Husband.