Summary
You can appeal a family court decision in Indiana by filing a Notice of Appeal, gathering relevant documents, and submitting them to the Indiana Court of Appeals. The process involves an initial review, submission of an Appellants Brief, and possibly oral arguments. The appellate court will then issue a decision, which may affirm, reverse, or remand the case. Its important to follow procedural requirements and deadlines. Consider consulting an attorney for guidance.Full Conversation
Indiana family court
Hi ****! To provide you with the best information, can you please tell me a bit more about your issue with the Indiana family court? For example, is it related to child custody, divorce, or something else?
I had court on October 10th but I was running late, but I filing a motion for continuous and I alrdy filed a motion of Stay the next following day. Because my son was sick that morning and I was running late and asked my sons mother to wait and her and lawyer didn’t she was granted parenting time , and hair follicle testing and half her attorneys fees. I asked for motion to stay on the ordered because I’m wanting to file appeal based on the evidence in court to warrant the hair testing. The evidence that’s was given was over a dentist office that wasnt even where my son goes and Lead check up that my son didn’t even have , in open court I told the magistrate that the evidence was altered and her lawyer said it doesn’t matter, she message searched Lead and Dentist with the words still highlighted, there was active DCS case so my sons needs were met and the child wasn’t in danger , I had a protective order against her No contact and even after submitting the proof in a motion to vacate the magistrate didn’t act upon the motion maybe waiting until court . The motion for the hair follicle was submitted that morning of court and wasn’t even looked at but when I looked on the docket it was changed to the day before. No evidence was submitted with the motion but in court I was asked about lead check up and I told them to my knowledge he’s current on everything. Can I file appeal on the hair follicle and the fees to her lawyers since that’s what they asked for and if so I need a template and email address to the appeals courts and do I need a notary since I’m submitting the DCS case, protective order and court minutes from September *?
You can appeal the court's decision regarding the hair follicle testing and attorney's fees. Here are some steps to consider:
- File a Notice of Appeal in the same court that issued the original order.
- Gather all relevant documents (DCS case, protective order, court minutes).
- Indiana courts typically don’t require notarization for appeals, but check local rules.
For templates, you can find sample Notice of Appeal forms on legal aid websites or court websites.
You should consider consulting with an attorney to ensure all procedural requirements are met.
Would you like information on where to find these templates?
Write one please
Sure, here's a simplified template for a Notice of Appeal:
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Notice of Appeal
Court Name
Court Address
City, State, ZIP Code
Plaintiff: [Your Name]
Defendant: [Other Party's Name]
Case Number: [Your Case Number]
Notice of Appeal
I, [Your Name], hereby give notice that I am appealing the decision made by [Court Name] on [Date of Decision]. The grounds for my appeal are as follows:
*. The order for hair follicle testing was based on altered and inadmissible evidence.
*. The awarding of attorney's fees to the opposing party was unjustified given the circumstances.
*. The magistrate failed to act upon my motion to vacate despite submitted proof.
Attached Documents:
- DCS Case Report
- Protective Order
- Court Minutes from September *
- Any other relevant documents
Date: [Current Date]
Signature: [Your Signature]
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Would you need help with finding the email address to submit this to the appeals court?
Yes
You can submit your Notice of Appeal to the Indiana Court of Appeals. Here’s the contact information:
Indiana Court of Appeals
Phone: (*) *-*
Address: * W Washington St, Suite *, Indianapolis, IN *
Website: www.in.gov/judiciary/appealsWould you like guidance on any other aspect of your appeal process?
So tell me how this works
Sure, ****. Here's a brief overview:
*. Filing the Appeal:
- Notice of Appeal: Submit your Notice of Appeal to the Indiana Court of Appeals along with all the necessary documents (DCS Case Report, Protective Order, Court Minutes).
*. Review Process:
- Initial Review: The appellate court will review your submitted documents to ensure they meet procedural requirements.
- Record on Appeal: The trial court will send the appellate court the records of your original case.
*. Briefs Submission:
- Appellant's Brief: You will need to submit a written argument (brief) detailing why the trial court's decision was incorrect.
- Appellee's Brief: The other party will submit their brief in response.
*. Oral Arguments:
- Optional: In some cases, the court may schedule oral arguments where both parties can further explain their positions.
*. Decision:
- Ruling: The appellate court will issue a decision, which may affirm, reverse, or remand the case back to the trial court.
Would you need any specific guidance on any of these steps?
So when do I write my argument
You will write your argument (Appellant's Brief) after the appellate court has acknowledged your Notice of Appeal. Here’s a brief guide:
- Wait for Record on Appeal: The trial court sends records to the appellate court.
- Deadline for Brief: The court will set a deadline for your Appellant's Brief.
- Write Your Argument: Detail why the trial court's decision was incorrect.
Would you like some tips on how to structure your Appellant's Brief?
Can you help structure my argument
Sure, ****! Here’s a basic structure to help you draft your Appellant's Brief:
Introduction
- Identify yourself and the case.
- Briefly state the decision you are appealing.
Statement of the Case
- Provide a summary of the procedural history.
- Mention the date and details of the trial court’s decision.
Statement of Facts
- Present the facts relevant to your appeal.
- Focus on facts that support your argument.
Issues on Appeal
- Clearly list the specific issues you are appealing.
*. The order for hair follicle testing based on altered evidence.
*. Awarding of attorney’s fees without justification.
Argument
-
Issue *: Hair Follicle Testing - Explain why the evidence was inadmissible.
- Refer to any procedural errors.
-
Issue *: Attorney’s Fees - Argue why the fees were unjustified.
- Include any relevant laws or precedents.
Conclusion
- Summarize your arguments.
- State the relief you are seeking (e.g., reverse the order, vacate the fees).
Would you like any specific tips on drafting any of these sections?
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