APPELLATE UNIT PREVAILS BEFORE SUPERIOR COURT.
LaMonaca Law successfully defended an appeal in custody before the Superior Court earlier this month. Opposing party, in this case Mother, appealed an Order which awarded Father 50/50 shared physical and joint legal custody. By appealing the trial court’s determination, Mother exercised her right to have the Order reviewed by the Superior Court. Supported by the wealth of resources behind LaMonaca Law’s Appellate Unit, Father was primed to successfully defend Mother’s appeal and maintain 50/50 physical custody.
In Pennsylvania Courts, every litigant who is subject to a final order by a trial judge may appeal that decision to the Superior Court for further review. Once an appeal is filed, both parties must submit appellate briefs (which are anything but brief) to the Superior Court, outlining the evidence of record, the applicable law, and arguing why, based on the evidence and applicable law, the Superior Court should find in their favor. Both parties may then exercise their right to an oral argument before the Superior Court, where lawyers argue the pertinent issues and answer judges’ specific questions about the applicability of the law to their client’s case.
Whether you are appealing a trial court’s decision or defending against an appeal taken by the other party to an action, having an attorney who is versed not only the facts of your case, but in appellate practice generally, is of utmost importance. Knowing how to navigate the Superior Court’s several deadlines and requirements can make or break a case on appeal. When arguing before the Superior Court you want an attorney who can present the case in a clear and concise manner, and who can think quickly on their feet as they are questioned about the ins and outs of your case and your trial.
In this case, Father’s team of attorneys and support professionals worked for years to obtain 50/50 custody for Father and were successful in doing so after an exhausting two-day trial. Mother, unrelenting in her efforts to marginalize Father’s role in the child’s life, challenged the trial court’s award of equal custody, arguing that the trial Judge did not give adequate consideration to the enumerated custody factors which favored her bid for maintaining primary custody of the parties’ minor child. Because Father’s team presented his case at trial in a thorough, compassionate, and persuasive manner, the record did not support Mother’s challenge. At both the trial level and on appeal, Father presented as an engaged and loving Father. In affirming the trial court’s holding, the Superior Court stated, “There was ample evidence that Father could provide a stable and loving home for the Child, and that Father would be able to provide for all of the Child’s needs.”
In contentious divorce and custody matters, the potential for an appeal to the Superior Court is constantly looming. By engaging the services of a firm with a proven track record at the trial level as well as on appeal, you can rest assured that you will have the same people in your corner from start to finish, regardless of which court they find themselves in.
Click or Call 610-892-3877 and speak to one of our team members about your family law matter.
