Family court decisions on child custody can profoundly impact the lives of parents and children. It's common for at least one party to be dissatisfied with the judge's ruling. Understanding when you can appeal a custody decision and how the process works can help you determine the right path for your case.
This article explores the legal grounds required to appeal a child custody ruling, the types of custody court decisions that a parent can appeal, and the custody appeals process.
Grounds for Appealing a Custody Decision
The first question parents should ask when considering a child custody appeal is, "Do I have legal grounds to appeal?" Remember, an appeal is not a chance to reargue the entire case or present new evidence. Instead, appeals focus on whether the trial court made legal errors that affected the decision.
Examples of grounds for appealing a child custody ruling include:
- Abuse of discretion
- Error of law
- Factual error
Error of Law
Most states consider "error of law" to be the most powerful reason to grant an appeal. If the judge applied the law incorrectly or misunderstood the legal standards, this can be grounds for appeal. For instance, if the judge did not adequately consider the best interests of the child—a crucial standard in custody cases—this might constitute a legal error. If a judge failed to give adequate weight to evidence of a threat to a child's safety or well-being, the judge would have failed to meet the best interests of the child standard.
Abuse of Discretion
Family court judges have "judicial discretion," which allows them to make decisions on various aspects of a case beyond the constraints of existing law. This includes decisions on granting orders and motions, admitting certain evidence, and approving settlement proposals. The judge's decision on any matter is final.
Judicial discretion is powerful. Unfortunately, with such power comes the potential for abuse of power. For example, if a mother believes the judge wrongfully excluded police records that could reveal the father's mental health issues, she might have grounds to appeal based on an abuse of discretion.
To succeed in this type of appeal, the abuse of discretion must be obvious. The judge's decision must be either clearly unreasonable or not supported by the evidence. Challenging a decision on the grounds of abuse of discretion can be difficult since appellate courts generally defer to the judge's decision. The appellant must demonstrate that the judge acted beyond their discretionary authority.
Factual Error
When a jury is not involved, the judge is responsible for determining whether the facts of the case are proven by reviewing documents, witness testimony, and other evidence. If the judge makes a mistake in evaluating the evidence, which influences the custody ruling, this is known as a factual error.
For instance, if a judge awards primary custody to the father because they believe the mother failed to prove her claims of domestic violence, the mother might appeal on the grounds of factual error, arguing that the evidence actually supports her allegations of abuse.
Importantly, the alleged error must have been identified and raised during the original trial. You cannot bring up a mistake after the custody decision has been made. An objection must have been made during the trial and overruled to be valid on appeal. If a party fails to identify and object to an error during the original case, it is considered a failure in handling the case, not the court's fault.
Like abuse of discretion, proving a factual error is often challenging, as appellate courts generally defer to the judge's factual findings. Appeals based on factual errors are usually successful only in cases of clear and significant mistakes.
What Types of Custody Decisions Can Be Appealed?
Most family court decisions, including court orders and custody decisions, can be appealed. Generally, a parent must wait for a final court order before filing an appeal. However, in cases involving child neglect or abuse, a parent can appeal either a final or temporary order immediately, without needing to file a motion to appeal.
Settlement agreements typically cannot be appealed but can be modified if necessary. Additionally, if a parent has agreed to a court order, they cannot appeal it right away. They must first file a motion to vacate the order. If the family court denies this motion, the parent may then proceed with an appeal.
The same rule applies to default judgments. If a parent fails to appear in court, the judge may issue a default judgment in favor of the other party. To appeal a default judgment, the parent must first file a motion to vacate it. If the family court denies this motion, the parent may then proceed with an appeal.
How to File a Child Custody Appeal
If you are considering appealing a custody ruling, the first and most important step is to seek the advice of a family law attorney specializing in child custody and appeals. These professionals will let you know whether you have legal grounds to file an appeal, assess the strength of your case, and guide you through the complex appellate process.
Once you decide to move forward, you must file a Notice of Appeal. This document informs the court and the other parent or custodian that you intend to challenge the custody ruling. There are strict deadlines for filing this notice, so acting quickly is important.
Next, your custody attorney will help you prepare a record of the trial court proceedings, including transcripts, evidence, and other relevant documents. This record allows the appellate court to review what happened in the lower court.
At this point, you and the other parent must submit written briefs. As the appellant, your written brief will argue why the lower court's decision should be overturned. The other parent (the appellee) will submit a brief arguing why the lower court's decision should be upheld. These briefs are one of your custody appeal's most important (if not the most important) components.
In some cases, the appellate court may hold an oral argument where both sides present their cases in person. This is an opportunity to clarify issues and respond to judges' questions. After reviewing the briefs and oral arguments, the appellate court will decide. They may affirm the lower court's ruling, reverse it, or remand the case back to the trial court for further proceedings.
Putting a Custody Order on Hold During Appeal
The custody appeals process can take several months to over a year, during which the original custody order remains in effect. This can be problematic, especially if a parent believes the order jeopardizes the child's safety or well-being.
To address this issue, a parent can request a "stay" of the court order or ruling while the appeal is pending. A stay temporarily halts the implementation of the original decision, delaying its effect for a specified period.
A stay can be expedited in urgent situations, such as cases involving child abuse or neglect. Emergency stays may be granted within 24 hours or even sooner if necessary.
If you are seeking to file an appeal on a child custody decision, be sure to consult with a knowledgeable custody attorney. An experienced child custody lawyer can help answer your questions, examine your grounds for appeal, and advise you throughout the process.
For a more detailed exploration of the custody appeals process and other essential child custody court strategies, consider reading our latest book, Cracking the Custody Code.