Returning to Court to Fight for a Fairer Custody Schedule
A child’s best interest is at the heart of
custody rulings, with judges carefully studying each individual case to ensure
a kid’s unique needs are met. While it’s common for parents
to leave disappointed with less
visitation or custody privileges than they had hoped for, in certain cases, a parent
may find themselves blindsided by a decree which seems severely biased
If you disagree with the case result, you have the right to take the matter
to appellate court to have the decision reconsidered. Appeals, while possible,
are rare, and typically require the party to prove that there was substantial
bias or an unsound judgement.
Appeals Based on a Lack of Supporting Evidence to Justify the Decision
Courts should be able to justify their decisions based on evidence and
testimonies presented in the hearing. If there is a lack of compelling
evidence to justify one’s limited parenting time, the appellate
court could overturn the decision or demand it return to trial for a reevaluation.
A party may also work to show that there was prejudicial evidence, or an
exclusion of significant supporting documents that show their capability
of having custody.
Improper Application of the Law
There is room for human error in custody cases. A judge may misinterpret
a specific statute, and this misunderstanding could significantly alter
the custody decision. Proving such a mistake could give proper cause to
reevaluate the case.
Appealing the Decision
If you suspect the judge made an erroneous decision, you have 30 days from
the date of order to file an appeal. Do not wait to fight your case.
Contact The King Law Firm for professional assistance today.