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When a party is not satisfied with the result from a judge or jury, they often consider an appeal,
a motion for new trial, and/or a motion to set aside. Some cases are appealed to the Georgia Court of Appeals
while others to the Supreme Court of Georgia. The type of case or Order being appealed determines in which court
the appeal needs to be filed.
Generally, certain cases (such as custody decisions) can be directly appealed, meaning the appellate court must
consider them, while other cases are considered a discretionary appeal, which means they must meet certain criteria and
the Court is not necessarily required to even consider the appeal.
With respect to custody or visitation appeals, see O.C.G.A. § 5-6-34(a)(11) which was amended on May 6, 2013 and now states
that appeals must be taken for . . . “All judgments or orders in child custody cases awarding, refusing to change, or modifying
child custody or holding or declining to hold persons in contempt of such child custody judgment or orders.” The legislature amended
the statute’s language to limit the scope of judgments or orders in child custody cases which are subject to direct appeal.
Appeals can be very complicated and there are many nuances and timing issues. Accordingly, consulting with an experienced family
law attorney as soon as possible regarding a possible appeal is critical.
The family law attorneys at Naggiar & Sarif are skilled and experienced leaders in divorce and family law who will help you navigate what is likely a very difficult time in your life. Our attorneys have received many recognitions and awards over the years, but the acclaim and appreciation of our clients is what drives us. The achievement of our client's goals are our paramount concern.
One Securities Centre 3490 Piedmont Road NE, Suite 1450 AtlantaGeorgia30305USA
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