Proven Experts In Appellate Litigation

Did the court make an error in your custody case?

On Behalf of | Dec 16, 2022 | Appeals, Family Law

The fact that you and your former spouse had to go separate ways was stressful enough. That you have children together raised the stakes even further. 

The custody case has reached its conclusion, and you’re far from happy with the result. Do you have to live with the outcome or do you have the right to appealIn short, the answer is it depends on the unique circumstances of your case. Here are some things that need to be considered:

Was evidence excluded? 

All court cases center around both parties presenting their arguments with evidence. The strength of that evidence will influence which way the court decides to go in its final ruling. Certain pieces of evidence that you offered were excluded by the court. Were they justified in doing this? The same question can be asked if inadmissible evidence has been included from the other legal party. Excluding evidence or using evidence that should have been inadmissible opens the door to a possible appeal.

Was the law misapplied? 

Judges have a lot of power but they do not have free rein. Each state has its own specific laws when it comes to child custody, and it is up to the court to interpret and apply these laws properly. Judges are only human, and there are occasions when they might get it wrong. An error in applying the law could mean that you are entitled to ask the higher courts to take a look at your case on appeal.  

Any kind of civil appeal can be a tricky situation to navigate. This is why it’s so important to have legal guidance behind you.