Child custody rulings enable a judge to determine a parent’s physical and legal rights to their child. Legal custody refers to the parent’s right to make major decisions regarding the child’s life, while physical custody refers to the parent’s right to have their child live with them. A judge awards child custody based on evidence presented in court and the best interests of the child.
Sometimes, a ruling is unjust or unfair to one or both parents, in which case an appeal may be necessary. Before undergoing the appeal process, it is essential to understand what to expect, how to prepare, and the importance of strong legal representation.
What Is an Appeal in a Child Custody Case?
A child custody appeal involves a parent filing a petition to a higher court as a means of trying to change a lower court’s decision regarding child custody. An appeal may be filed if one or both parents believe legal errors were made. It is important to note that an appeal does not mean that a new child custody trial will take place. Rather, the court will examine all evidence provided for the case once more, looking for any errors that may have been made.
The appellate court is involved in the process, reviewing the case for procedural or legal mistakes. It does not accept new evidence or listen to new testimonies, and no jury is present to help make a decision. This court simply ensures that all proper procedures were followed during the initial trial. It also ensures that the proceedings were just and that the law was applied properly.
Grounds for Appealing a Child Custody Order
While a parent can appeal a child custody order if they feel that it is unfair, they must still establish grounds for appealing the order. In other words, there must be a valid reason for the appeal.
Below are some of the reasons you may file to appeal a custody ruling:
Legal Errors
A legal error can involve several things, such as a misapplication or misunderstanding of custody laws. It can also include failing to consider legal requirements.
Violation of Parental Rights
Custody rulings that violate parental rights can be grounds for filing a petition for an appeal. These parents may also file a complaint with the Department of Child Safety.
Bias or Abuse of Discretion
Bias or abuse of discretion refers to a judge making an unfair ruling after showing favoritism toward one parent over the other. It also means that the judge did not make their decision in the best interests of the child but based on personal prejudices. Alternatively, the judge may have failed to consider some of the evidence presented or formed a bias against one parent based on their race, gender, ethnicity, or financial status.
Procedural Issues
A procedural issue can involve any number of circumstances. It may include failing to meet the deadlines for the necessary paperwork, such as failing to submit a custody petition on time, failing to serve legal documents to the other party, one party not attending a court hearing without a valid reason, or not following court orders that are given during the trial. Failing to disclose pertinent information or provide requested documents for the case is also a procedural issue.
Failure To Consider the Best Interest of the Child
If a judge allows their decision to be based on bias or the circumstances of the parents, the custody ruling could neglect to focus on what is in the best interest of the child. This includes any decision that does not align with circumstances most beneficial for the child’s health, safety, and welfare.
Failure To Consider Relevant Evidence
If the judge has failed to consider pertinent evidence in the child custody case when making their decision, one or both parents may have a valid reason to file a petition for an appeal. This includes ignoring crucial testimony or documentation as well as information that was overlooked or improperly weighed.
Conflict With State or Federal Law
If the court’s ruling goes against state or federal legal precedents, the parent has legal grounds to file an appeal. An attorney is essential to establish grounds for appeal under these circumstances.
Unclear or Ambiguous Ruling
If the custody ruling is unclear or there is no specific reasoning for the ruling, this could make the order difficult to follow or impossible for the court to enforce. In this case, one or both parents may wish to request an appeal.
Steps To Appeal a Child Custody Ruling in Arizona
Appealing a child custody ruling can be complex and overwhelming for those without experience in family court. Fortunately, a skilled child custody attorney can help you with the following step-by-step process for how to appeal a child custody ruling:
1. File a Notice of Appeal
To begin the process of appealing a child custody order, you must first submit a Notice of Appeal, which is filed with the Superior Court. The fee for filing this document is $92. You will also need to include a transcript of the original hearing.
If the hearing was not transcribed, you will need to hire a transcriptionist service to complete this task for you. Additionally, your attorney must draft a Case Management Statement and file an Appellate Brief. Filing documents with the Court of Appeals has a fee of $280.00.
You must complete and submit this paperwork no later than 30 days after the court makes its final ruling.
2. Submit the Appellate Brief
An Appellate Brief is a necessary document that must be filed as part of the appeal process. This Brief should detail your reasoning for requesting an appeal, including your arguments for why you believe the court made an error (or several errors) in the final ruling. It is used to persuade the Court of Appeals to set aside the original ruling because of the errors you believe were made.
The Appellate Brief is a very important document because of its role in stating the need for an appeal to your child custody order. To create an effective and compelling brief, consider working with an experienced attorney.
3. Appeals Hearing Process
While the Court of Appeals reviews your request for an appeal, it will thoroughly inspect the court transcript, all evidence provided in the case, and all documents submitted with the Notice of Appeal. This is to determine whether any errors were made, whether laws were misapplied, and whether the child’s best interests were considered in the final ruling.
New evidence is not discussed during this process, unlike in a trial court hearing. Instead, the court will only determine whether the original court made any legal errors. Any party involved in the appeal will have the ability to present their arguments to the appellate judges orally. Once all of this has taken place, the appellate court will consider the original court’s ruling and decide whether to affirm or reverse the ruling.
It may take up to six months for the appellate court to make its ruling. After the decision is made, the Court of Appeals will return jurisdiction to the original court. If the ruling is overturned, then instructions will be given to the original court regarding how to proceed.
Involved parties may file a Petition for Review, which allows for the Arizona Supreme Court to review this ruling if they are unhappy with it.
Differences Between a Modification and an Appeal
Instead of requesting an appeal for a child custody order, the court may make changes to the order. A modification requests that changes be made to the order due to new evidence or because of a change in life circumstances. This can often be done outside of court, such as when parents go through mediation to negotiate new terms of the custody agreement.
There are several differences between a modification and an appeal. An appeal challenges a previous ruling based on errors in the trial process. It is more appropriate for those who believe that legal errors were made in their child custody case or that their order was unfairly made. A modification does not involve an entirely new custody order, only making necessary changes to an existing one.
Requesting a modification to a child custody order may be more appropriate than filing for an appeal in many situations. For example, if one parent experiences a chronic or debilitating illness, an adjustment to child custody arrangements may be necessary. Modifying the child custody order is more reasonable in this circumstance than an appeal would be.
Appeals and Motions for Reconsiderations in Arizona
Appeals and Motions for Reconsideration serve different purposes. A Motion for Reconsideration is another option for making changes to a child custody order in Arizona. It involves asking the original court to review its decision due to potential errors that have been made. It may request that one part of the court’s order be changed or that the entire ruling be changed. This motion is filed before an appeal is filed.
A Motion for Reconsideration may be a good option if a judge did not consider all evidence or did not properly apply certain laws to the case. It may also be more appropriate if new evidence becomes available for your case that was not available during the original hearing.
Filing a Motion for Reconsideration can be beneficial, as it allows the original court to rectify its errors. It typically costs less than going through the appeal process and takes less time to complete.
There are several limitations to filing a Motion for Reconsideration, as there are many requirements. First, a Motion for Reconsideration must be directed toward the specific errors that were made. It also may not be longer than 3,500 words or be longer than ten pages. Additionally, a certificate of compliance must be included with a statement that it follows the required formatting, that it is not longer than ten pages, or if it is handwritten, not longer than 12 pages.
Challenges of Appealing a Child Custody Order
There are many challenges to appealing a child custody ruling, especially concerning the emotional energy and time required by this lengthy process. Appealing a custody ruling involves high standards for overturning the original ruling. It is important to set realistic expectations for yourself and the difficulties that may result. These challenges can be more easily navigated with the help of an attorney.
Likewise, deciphering the legal jargon and properly attending to the various procedures involved in an appellate hearing can also be difficult without legal guidance. Appeals rarely involve listening to new evidence, and presenting additional evidence during the appellate process will likely not be permitted. Discovering legal errors made during the original hearing is a challenging task most effectively handled by a seasoned family law attorney.
How The Valley Law Group Can Help With Appeals
The Valley Law Group has helped hundreds of clients with child custody appeals, streamlining the process of examining the case for procedural errors or incorrect evidence. Our team will work with you to develop personalized strategies to address your unique circumstances.
The skilled family law attorneys on our team have detailed knowledge of Arizona appellate laws and procedures that will help to create a strong case for your appeal. We use a comprehensive approach that includes collaborating with expert witnesses and analyzing court transcripts. At The Valley Law Group, we are committed to protecting your parental rights and ensuring fair custody arrangements.
Moving Forward With Confidence
Appealing a child custody order can be overwhelming and stressful if you are not familiar with the process. Understanding your options for filing for an appeal or making a modification can help you determine the most appropriate option to help you achieve a better outcome for your circumstances.
Before filing for an appeal, it is crucial to seek legal advice to ensure that you are not only choosing the best option for your case but also to protect your parental rights. Don’t hesitate to take legal action, as there are tight deadlines for petitioning for an appeal.
Contact The Valley Law Group today for a consultation and guidance on your child custody appeal.
Source:
- United States Courts. (2019). About the U.S. Courts of Appeals. United States Courts. https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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