I want to know whether I could appeal from the order after hearing in family law. Trial is over in 2008. I discontent order after hearing (ordered on 09/13/2010 but not signed by the judge but signed by only clerk) regarding release of claim to exemption for child by custodial parent (I am a sole legal custodian but was ordered to release the child to non custodian), imputation of income while I am sick(personal injury case was filed), some more. I am not sure whether I could appeal from the order not signed by judge.
(1) If I cannot, what form should I file to get the judge’s sign?
(2) If I can, should I appeal it under Civil Procedure Section 904.1 (a)(2) or 904.1 (a)(10) or 904.1 (a)(13) or what? Notice of Appeal requires me to select among many section codes. Thank you.
Look in the case file at the court clerk's office to see the Order signed by the Judge. The copy you have is stamped with the Judge's name by the clerk.
Appeals are hard to do, and you can lose fees and cost.
An appellate lawyer would be most helpful.
Look here for step by step instructions on how to appeal.
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Your question is very difficult to answer without more details, however, a family law judgment is appealable, as are final family law orders.
If your trial was in 2008, then you have definitely passed your statutory time to appeal. You only have 60 days, or in some cases 180 days, to file your notice of appeal. if the trial was in 2008, then you have exceeded both of those deadlines and your will not be able to appeal.
Now, you also mention an order on september 13, 2010, that is definitely within the filing deadline. Did you mean 2010 or did you mean 2008?
It sounds as though your order was part of a child support order. That is usually where the issue of a release of the dependency exemption comes into play. If the dependency exemption was ordered to be released, that usually results in a higher child support guideline calculation. You will want to speak with an experienced family law attorney before moving forward with your appeal. You may be able to seek a modification of child support instead of going through the appellate process. however, this will be largely based on the specific facts of your case (which are not present in your question above.)
The Minute Order (probably the one that you say is signed by the clerk) is different from a findings and order after hearing. Use the FL-340 form (available online) to submit your written order to the judge for his signature. Under Cal Rules of Court 3.1312, you must send the form to the other side for approval no less than five days before submitting it to the judge. If they do not respond, then you can submit the form to the judge.
Again, it is very important that you speak with an experienced family law attorney and an attorney that is experienced in appeals so that you can fully understand your rights and options.
