Every once in a while, a judge makes an unjust decision regarding a child custody agreement. Perhaps the wrong legal principles were applied to a case, or the correct legal principles were ignored. Maybe a ruling was not made in the child’s best interests, or the final decision does not comply with California law.
Whatever the situation, a legal mistake was made in your case, and you were denied child custody or visitation rights. When that happens, you have one solution: hire an appellate attorney to file a child custody appeal on your behalf. At Holstrom, Block & Parke, APLC, our appellate lawyer Ron Funk has over 20 years of experience creating victory from defeat. He has a long record of success in the Sixth and Ninth Circuit Court of Appeals and in courtrooms throughout California.
Making an appeal against a child custody and visitation ruling can only be done after the final judgment. Considering the fact that family law cases encompass multiple trials or hearings based on a variety of issues and several court orders, it may be a considerable amount of time before you can appeal your case.
It’s worth noting that there is one thing that cannot be appealed: temporary child custody orders. Temporary orders cannot be appealed because they are not final judgments. Unfortunately, you will have only one chance to argue your side of the case when it comes to your child’s temporary arrangements. Thankfully, temporary orders should have no effect on the final ruling of the case.
If you’re in the middle of a case and you’re already considering an appeal, make sure your attorney is taking steps to preserve (or record) any mistakes made by the judge or the court.
If you have a viable reason for the appeal and the right attorney on your side, you’ll have a higher chance that your appeal will be considered or upheld. However, it’s not easy to get a child custody and visitation judgment reversed. Most of these cases fall under the discretion of the court as long as the rules of law are upheld and nothing serious has been misinterpreted in the original case.
This is all about the best interest of the child, so whatever information is provided during the original child custody and visitation case is crucial to the child and to an appeal. No additional information can be presented in appellate court.
If you think your rights or the rights of your child(ren) have been violated in a child custody and visitation case, consult with an attorney. As these cases are complex, you’ll need a qualified and experienced appellate lawyer to lead your case. Holstrom, Block & Parke is a firm led by Certified Family Law Specialists who can help you with a child custody and visitation appeal.
Schedule a free phone consultation with our firm to find out if you can file an appeal. With no cost and a limited time window, you have nothing to lose by calling—dial (855) 939-9111 today.