Steps To Take Before Appealing A Child Custody Arrangement
Posted on: 12 April 2022
You can appeal a child custody ruling if you disagree with the court's decision. You must direct your appeal to a higher court relative to the one that made the initial ruling. Only a higher court can change another court's decision or order a retrial. However, you should not file an appeal just because you can.
Take the following measures before filing an appeal petition.
Understand the Meaning of Appeal
A child custody appeal is not a modification or a retrial. An appeal alleges that the court made a mistake in its ruling about the custody arrangement. For example, you can appeal sole custody to the other parent if you believe the court denied you custody based on false evidence.
Although rules vary by state, most jurisdictions allow you to appeal a custody arrangement as soon as the court rules it. On the other hand, many jurisdictions only allow custody modification after a specific period. The time requirement makes time because the modification is only possible if the initial conditions that caused the ruling have changed.
Lastly, an appeal is not a retrial, and the court will not allow you to introduce new evidence or arguments during the appeal. The sole role of the court of appeal is to determine whether the lower court made an error in its ruling based on the information it had at the time.
Determine Whether It's Possible
Evaluate your state's laws and the disputed custody ruling to determine whether an appeal is possible. Remember that you cannot appeal a custody ruling because you disagree with it. You must have a valid ground (legally acceptable reason) for the appeal. The appeal ground must be an error of fact or law the court made during the initial trial.
For example, you may appeal a custody judgment if:
- The judge misinterpreted a custody statute and used the misinterpretation in their ruling.
- The judge allowed evidence they should have dismissed or rejected evidence they should have allowed by law.
- Your lawyer represented you ineffectively, for example, by failing to present evidence they had.
You must prove any ground of appeal you choose.
Evaluate Your Chances of Success
The appeal process requires resources in terms of money and time. You should only appeal if you have a high chance of succeeding. For example, you are likely to succeed if the lower court made a grave error in law and you have the evidence to back up your claims. Reach out to a family lawyer for more information.
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