Florida Family Law Appeals

Family law cases produce some of the most consequential rulings a court can enter — decisions about where children live, how they are supported, and how a family's finances are divided. When a family court ruling is wrong on the law, Florida provides a right to appellate review. The Law Offices of Albert Goodwin, PA handles family law appeals throughout Florida, representing parents and parties on both sides of the appeal. (For appeals specific to the end of a marriage, see our page on divorce appeals.)

Family Law Matters That Reach the Appellate Courts

In Florida, family law cases are heard in the circuit courts, and appeals go to the District Courts of Appeal. Common family law appeals include:

• Parental responsibility and timesharing — appeals from custody and timesharing determinations, including the establishment and modification of parenting plans.
• Relocation — appeals from orders granting or denying a parent's request to relocate with a child under section 61.13001, Florida Statutes.
• Child support — appeals concerning the calculation of support under the statutory guidelines, imputation of income, and modification.
• Paternity — appeals from judgments establishing or disestablishing paternity and the related timesharing and support provisions.
• Domestic violence injunctions — appeals from the entry or denial of injunctions for protection.
• Contempt and enforcement — appeals from orders enforcing family court judgments, subject to the rules governing what is and is not appealable.

Standards of Review in Family Law Appeals

Family law rulings often involve broad trial-court discretion, which makes the standard of review especially important. Many discretionary determinations — how timesharing is structured or whether to modify support — are reviewed for abuse of discretion, a deferential standard. The trial court's findings of fact are reviewed for competent substantial evidence. But the interpretation and application of the governing statutes — for example, whether the court applied the correct legal standard for relocation or properly followed the child support guidelines — present questions of law reviewed de novo. Many successful family law appeals turn on identifying a legal error in an otherwise discretionary area.

Non-Final Orders in Family Cases

Family law produces many interlocutory orders, and Florida's rules give some of them special treatment. Florida Rule of Appellate Procedure 9.130 authorizes immediate non-final appeals of certain orders, including those that determine the right to immediate possession of property or that grant or deny injunctive relief, and the rule includes provisions specific to family matters such as orders determining parental timesharing. In addition, Rule 9.600 gives the appellate court and the lower tribunal concurrent authority over certain matters — including child support and timesharing — while an appeal is pending. Determining whether an order is appealable now or only after a final judgment is a threshold question we analyze at the outset.

The 30-Day Deadline

A notice of appeal from a final family law judgment must be filed within 30 days of rendition. The deadline is jurisdictional and cannot be extended once it passes. Because family law orders affect children and finances on an ongoing basis, and because a stay may be sought in appropriate circumstances, it is important to consult an appellate attorney quickly after an adverse ruling.

Where Florida Family Law Appeals Are Heard

Appeals from circuit court family divisions go to the District Court of Appeal for the region — the Third District Court of Appeal for Miami-Dade and Monroe Counties, and the Fourth District Court of Appeal for Broward, Palm Beach, and surrounding counties.

Speak With a Florida Family Law Appeals Attorney

If a family court ruling has affected your children or your finances and you believe the court got the law wrong, contact the Law Offices of Albert Goodwin, PA. Call 786-522-1411, email [email protected], or visit our contact page. Because the deadline to appeal is short and jurisdictional, please contact us promptly.