Child custody rulings can be a frustrating issue for a parent. There are a lot of reasons a decision might go in the other parent’s favor leading to an appeal by the other. It could be due to errors or wrong judgment. The fact is that you can appeal a child custody ruling but on solid grounds. There are some limitations to it that need to be considered. If you think that the court’s decision was biased or not fair, you can always file for an appeal. Seek help from a child custody attorney to make a solid case. Below is the process of appealing a child custody decision and how you should prepare for it.

How To Appeal A Child Custody Decision?

In some child custody cases, the court order is non-final. This could be due to various factors including child safety. Plus, the courts can also issue temporary orders of custody to avoid confusion during the trial.

The issue is that if the court issues a non-final order, then it cannot be appealed. In such a case, the families have to wait until the court is done with giving the final decision and then they can file for an appeal. At the same time, remember that you can’t appeal a settlement agreement.

However, if one parent is not happy with the decision or is not able to match the requirements, they can apply for modification of the agreement. When it comes to appealing for a child custody decision, you should know that the rules vary from state to state.

Before applying, you should consult a lawyer and do your research about the child custody rules prevailing in the state. Once you decide on appealing, they will create a brief that will state your reason(s) for appealing the court ruling. The brief will consist of legal errors or inconsistencies with the original ruling.

After your lawyer filing the appeal, it will be the court’s responsibility to do two things. It will review the transcript of your child custody hearing and also the appellate brief. After this, the court will reach a ruling.

What Is The Time Limit For Filing An Appeal?

There is a time limit or bracket within which you need to file an appeal. Then again, it will vary from state to state. In some states, it could be a week or a month and in other states, the time bracket may go as long as 90 days considering several factors.

So, if you are not able to file an appeal before the court during the time limit provided, you may not be allowed to file an appeal after that. This is why you must hire a lawyer and ensure your appeal is drafted and appealed on time. The courts do not like prolonging cases for no reason and this could negatively affect your appeal as well.

The courts are very punctual and strict with time and you should be too, if you wish to turn the court in your favor.

File A Notice Of Appeal

In most states, you or your family lawyer Fairfax VA needs to file a notice of appeal and pay a fee within a specific timeframe after the original court ruling. If you are on your own and do not want to hire a lawyer, you can look for drafts uploaded by courts online to help draft your appeal.

However, there are always risks attached to drafting your appeal. Even a minor mistake can cost you a lot as the judge may make things worse for you by ruling in the other parent’s favor. Although, you may be required to pay a filing fee when you submit the appeal, but not in the case if the court has already ordered to waive your fees.

Serve The Notice Of Appeal

When it comes to serving the notice of appeal, your lawyer should handle it. The notice of appeal should be handed over directly to the lawyer of the other parent or directly if their lawyer is not present due to some reason. Each state’s rules regarding serving the notice of appeal vary and therefore, you should conduct research about your state’s laws.

If you have already hired a lawyer, it is up to them to handle such minor factors, as you will be paying them to handle the legal requirements and proceedings.

Reasons To Appeal A Child Custody Decision

When planning to appeal a child custody decision, you should keep in mind that there are very few reasons. In most cases, it could be due to a judgmental error or something the court failed to consider while issuing the final order. For instance, it could be that the judge did not accept or allow certain evidence.

It could be that you are facing a financial crunch and you want the court to modify or reconsider their decision so that you are able to pay for the child support. Plus, the court might have ignored or neglected improper conduct by the other parent.

Considering all such factors, there is still no guarantee that the court will rule in your favor unless your lawyer can convince the court using solid proof. On the other hand, you should not expect the court to follow your appeal as they have to balance out each side.

Furthermore, you should not try to intimidate or influence the child to speak against the other parent. Such actions can go against you and the court may ask for more financial support. In worst-case scenarios, the court may block you from meeting the child.

Should You Appeal A Child Custody Ruling?

Appealing a child custody decision requires a lot of time, money, and effort. It can also burden your mental state and affect your family members. This means that before applying an appeal, you should consider and respect the emotions and relevant factors attached.

If you and your family members think that the appeal will only push you further from your child, you should hear them out. Plus, if the process drains your savings and you will have to go through a tough time, you should double-think your decision.

It is only natural for a parent to fight for their child with everything they have got. But, if there are no solid grounds for you to file an appeal, you cannot force the court to reconsider their decision. Furthermore, you should also discuss the probability of success with your lawyer.

Because the process can be expensive, you should have an idea of whether it is going to be worth spending. Plus, the lawyers do not come cheap either. Sometimes, the court may also direct the parent filing for an appeal to pay for the fees of the other party if the appeal was found meritless.

Finally, it is your right as a parent to be angry or frustrated about your child’s situation. But, do not let it get to you. You should always gather opinions and discuss the matter with experts instead of giving into the emotions. Unfortunately, the courts run on proofs, not sentiments.

Conclusion

It will be wise to hire a child custody lawyer Fairfax VA and let them handle the issue. Plus, think things thoroughly and try to focus on the logical factors. Filing an appeal just for the sake of revenge will go against you. Instead, keep your calm and let your lawyer do the talking.