When an Appeal is Your Only Option


When an Appeal is Your Only Option

A few weeks ago, in the midst of the current coronavirus outbreak, an emergency room doctor lost custody of her child.  The doctor’s ex-husband, with whom she shared equal custody, filed a petition with the court to suspend her custodial visits due to the heightened risk she was at for contracting the virus due to her employment.

The judge agreed with the father and suspended her visitation, citing the heightened risk of the child being infected by her mother.   The judge did allow for any missed days to be given back to her after the shutdown had ended, which was cold comfort for the mother, who could not imagine not being able to see her four-year-old daughter for that long of a time.

When a judge issues a final ruling, one recourse is to appeal that judge to a higher court, which is exactly what Dr. Greene did.  She appealed the judge’s order, and the appellate court sided with her, suspending the lower-court judge’s order, and reestablishing her regular custodial time  with her daughter.

Appeals are not for everyone. A successful appeal requires a showing that a legal error was made, not just that you disagree with the judge’s ruling.  Additionally, perfecting an appeal is a very rule-intensive, time-sensitive, technical procedure that many family law firms are not comfortable with.  Appeals have very tight time frames in which they must be filed, so any delay in requesting an appeal could result in the appeal being denied.

At LaMonaca, we have a team of dedicated attorneys with a wealth of experience in perfecting appeals.  If you or someone you know is dissatisfied with a judge’s ruling, reach out to us today without delay. Click or Call 610-892-3877

Pearl shot with Teresa Mallon and Shayne

About the author

About Gerry Gebhart

Gerry graduated from Drexel University magna cum laude with a degree in Information Systems and a minor in Business Administration. After working as a consultant in the intermodal transportation industry, Gerry enrolled in and graduated from Temple University’s Beasley School of Law, where he specialized in trial advocacy. Prior to joining LaMonaca Law, Gerry practiced Family Law privately while working at the Public Defender’s office. Gerry quickly gained a reputation as a savvy trial attorney, securing numerous successful trial verdicts, eventually resulting in his being elected as president of the Delaware County Criminal Defense Lawyers’ Association. Gerry lives in Middletown Township where he is active in his local firehouse as both a firefighter and member of the board of directors.