Family courts have a duty to rule in the best interest of a child , but occasionally mistakes are made. As a parent, you have the right to appeal a custody order if you disagree with the custody arrangement determined by the court.
People appeal adverse rulings when they are unhappy with the results. They may seek justice to prove that they are in the right and their ex-spouse is in the wrong, or they may believe that the judge in the custody case made the wrong decision.
If you wish to appeal, it is strongly advised that you work with a family law attorney. He or she will put together a legal brief, summarizing why you are asking for an appeal and will point out inconsistencies in the original ruling.
The court will then review the brief, along with transcripts of the original hearing. You will not be allowed to introduce new testimony or have the opportunity to speak directly with the appellate court judge. The result of an appeal involving a family law decision varies. However, an appeal may also be what is in the best interests of your children if the original court made a serious error in its ruling.
Alternatively, parents can petition the court to modify an existing ruling if circumstances have changed or after a certain amount of time has passed. Child custody modifications are typically easier and less costly than appeals and can be good options for minor changes to overnight visits or for accommodating scheduling conflicts. If you wish to exercise your parental right to appeal a child custody order, Alatsas Law Firm can help. We are a respected law firm with over 20 years of experience that advocates for its clients, and we will use our skills to resolve your legal problems.
For a free consultation, contact us by phone at or complete our online form to tell us more about your child custody situation. Vista S. Melrose Dr. What are the Chances of a Successful Appeal? Schedule Your Free Phone Consultation If you think your rights or the rights of your child ren have been violated in a child custody and visitation case, consult with an attorney. The process of reviewing your case, researching, and drafting a brief can take a long time.
In some cases it can take weeks, in other cases, it could be months. If you require your attorney to file your notice of appeal, request transcripts, serve your ex with the required documents, etc.
However, if you believe that you can handle certain aspects of your case without the help of a child custody lawyer, unbundled legal services may be a viable option that can save you a lot of money.
Hiring a child custody lawyer to handle the entirety of your appeal is costly due to the amount of work, time and expertise that they must put into your case. There are certain areas of your case that an attorney is best equipped to handle i. However, there may be other parts of your case that you feel comfortable taking care of yourself i. Unbundled legal services can save you money by allocating certain aspects of your case to your attorney, while you handle the rest.
Remember, the less time your lawyer spends on your case, the less you will have to pay. Unbundled legal services may not be a good fit for every case.
If your case requires a full-time child custody lawyer, our network of lawyers also offers full representation. Since we only work with individual attorneys and smaller law firms, the price for full representation is often more affordable than other available options.
Contact us today for a free consultation with one of our unbundled lawyers. Family Can Child Custody be Appealed? What is an Appeal? How to Appeal A Child Custody Decision It is important to note that the child custody appeals process will vary from state-to-state. File a Notice of Appeal And Pay The Filing Fee Most states require you or your child custody lawyer to file a notice of appeal and pay the filing fee within the appropriate time limit.
Serve the Notice of Appeal You must deliver, mail, or contract a process serving company to serve the other party with a copy of the filed Notice of Appeal. File a Brief If you request an appeal, you must file a brief with the appellate court and serve a copy of the brief to the other parent. Reasons to Appeal Child Custody No matter how you feel about the final ruling, there are very few reasons to appeal to a child custody case. Limitations of the Child Custody Appeals Process Before you begin the appeals process, you should be aware that the appellate court will base its decision on the same criteria that the original court used.
Child Custody Appeal Vs. Child Custody Modification Filing a child custody appeal is much more involved and intensive than requesting a modification of a child custody order.
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