In a Utah divorce or custody case, you may find yourself up against an adverse custody or financial decision. If you have any desire to challenge the decision, you must act fast. There are almost always deadlines to challenge a court’s decision. Those types of deadlines are not forgiving and can prevent you from obtaining relief you might deserve. Your options for challenging the decision depend on what kind of decision it was.
The attorneys at Christensen Law can help evaluate your situation and make specific recommendations. They can also help you carry out the recommendations and provide advice tailored to you. For informational purposes, we provide some generic observations below.
In Utah, a lot of family law court hearings are conducted before commissioners. Commissioners are like judges, but instead of making orders, they recommend orders. Their recommendations are court orders unless changed. If you disagree with a recommendation, you may object to it within fourteen days. The fourteen days begins when the commissioner makes the recommendation in court or when the commissioner issues a written recommendation. A judge will take your objection into consideration.
There are a variety of avenues available for challenging a judge’s decision. The availability of these avenues depends on the status of your case. If the judge’s decision is not a final judgment, the judge can reconsider his or her decision. If there is a final judgment, it may be possible to file a motion for additional findings or new trial. Such motions can lead to altered decisions. If you have exhausted options that will result in the judge changing the decision, you can appeal. An appeal involves asking a higher court to review the decision for error. An appeal can be complicated and expensive, so it is worth trying the other options first. Pursuing those options can also help improve your chances on appeal.