Like anyone, judges can make mistakes. However, these mistakes can sometimes affect a family in a negative way. If you feel the ruling wasn’t the outcome it should have been, it’s important to know what overturning the decision entails.
What is an appeal?
Filing an appeal on a child custody case means that you wish to take the case to the next level of court. The court will review and potentially overturn the decision the judge made originally. If someone on one side of a case believes thee court made the wrong decision, they can file an appeal. An appeal only takes place after the court has decided. Filing an appeal makes it possible to reverse the decision the court made.
Depending on the case, the person filing the appeal might be asked to have written argument to persuade the case. If it is decided that serious errors were made during the original trial, a new trial may occur. It’s important to understand that appealing a child custody case does not mean that a new trial will ensue.
Some courts may issue a temporary or non-final order on some child-related issues, meaning these usually cannot be appealed. If this is the case, you may not be able to file an appeal until the court makes a final ruling. If there has been a final ruling, there are some things to think about before filing an appeal.
What are your chances of a successful outcome?
If you are thinking of appealing a court case, it’s important to think about your chances of success. Consider what success means for you and your children. Consider what failure means. Will this entire process affect your children in a negative way?
Filing an appeal tends to be an extensive process and can take a long time so you need to make sure this decision is worth it in the long haul.
Can you afford the additional costs?
Bringing your case to a new court means that you will be spending more money. It’s important to take a look at your budget to ensure that your are able to pay the costs. These costs will include filing fees, trial transcripts, record assembly, production of the record and assembly of the brief.
Because of all these factors, appeal a case tends to be an expensive endeavor. Will this drastically affect your finances, especially when it comes to the care of your children? All possible outcomes need to be considered so that you can fully understand the short-term and long-term effects.
If you feel you are going to succeed and can afford the costs without limiting care for the children involves, appealing a child custody case may be an option to consider.