Lexington Family Court Appeals Lawyer
South Carolina Family Law
Appeals attorney James Snell represents clients in appealing any decision of a South Carolina Family Court. Appeals from Family Court are taken to the South Carolina Court of Appeals. This Appeals Court will generally conduct a review of the record of the case for both errors in legal decisions and finding of fact made by the Family Court judge. The level of review available in a Family Court appeal is actually broader than in appealing other types of civil lawsuits or criminal convictions. Because appeals are handled centrally by the Court of Appeals in Columbia, we are able to represent clients in appealing a decision of the Family Court from any county in South Carolina.
You have a right to appeal any final decision of a South Carolina Family Court, including any ruling holding you in contempt, to the Appeals Court. To begin the process it is necessary to contact a lawyer soon after you receive the Court's decision because the initial filing has to be made with the Court within thirty days. We are able to represent clients in both initiating an appeal and also in responding to an appeal made by the other side.
When our office is contacted regarding the an appeal the case will go through the following steps:
- We will schedule an initial conference with you either in the office or by telephone to review the decision that you want to appeal. This will include a discussion regarding all potential positives, and negatives, surrounding the appeal. This conference is intended to be substantial and a consultation fee will be applied.
- If our client elects to retain us to go forward with the appeal we will prepare a written representation and fee agreement and collect the agreed upon retainer. Most appeals are taken on a flat-fee basis. All charges will be discussed up-front to prevent any surprises for our client.
- We will order a copy of the Court transcript, obtain a complete copy of your case file from the Clerk of Court and a copy of relevant portions of your file from your original trial attorney.
- We will file a Notice of Intent to Appeal with the South Carolina Court of Appeals, serve a copy on the Clerk of Court at the County Courthouse, and file a copy of the transcript request.
- Once the transcript is received we will finalize with our client the exact issues to be taken on the appeal. Once these issues are selected we will begin work on preparing a written brief and a collection of transcript pages and other Court documents called the Record on Appeal.
- Once we complete the brief it will be filed with the Court of Appeals as the Initial Brief of the Appellant.
- The other side will then prepare and file their Initial Brief of the Respondent.
- Our client's brief will be put into final form. We may also prepare and file a Reply Brief responding to the issues raised in the other side's brief.
- All briefs and the Record on Appeal will be submitted to the Court of Appeals for a review. It will be assigned to a panel of three Appeals Court judges.
- The Court of Appeals may schedule a hearing, called oral argument, or may decide the case based solely on the written briefs and the Record on Appeal.
- Our clients will receive a copy of the written decision from the Court of Appeals.
- Either side can petition the South Carolina Supreme Court to review the Court of Appeals decision.
If the Court of Appeals disagrees with the factual or legal conclusions of the Family Court it can either modify the original order or reverse the decision and return the case for a new trial.
Frequently appeals are taken to resolve disagreement with the Family Court decision regarding the following types of issues:
- Alimony
- Attorney's Fee Awards
- Child Custody
- Child Support Calculations
- Contempt of Court Sanctions
- Debt Allocation
- DSS Findings of Abuse & Neglect
- Grounds for Divorce
- Equitable Distribution
- Property Distribution
- Review of Prenuptial Agreements
- Termination of Parental Rights \ Adoption
To begin the process to Appeal a South Carolina Family Court order contact the Law Office of James R. Snell, Jr., LLC, at (803) 359-3301. When you call we will schedule your initial in-office or telephone appointment. You will be asked to provide us with a copy of the written order (if available) that you would like to discuss appealing.
