How to Prepare a Disputed Child Custody Appeal
Preparing a disputed child custody appeal can be a complex process. Appeals courts will not review a child custody decision unless the lower court has made a procedural or legal error. In other words, appeals courts will not review a case simply because one party disagrees with the judge's decision. If you believe the court made a substantive error when making a custody determination, you will need to prepare a petition and brief that outline your reasons for appealing the decision.
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Instructions
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Research the rules of your jurisdiction. Each state and federal court system establishes separate rules that govern child custody appeals. The timeline for filing an appeal, along with the exact guidelines for what your petition must contain, is outlined in detail in your jurisdiction's rules. Copies of court rules are available from law libraries and many bar association websites.
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Prepare an appellate petition that details why you are appealing and lists the errors that the lower court made.
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File your appellate petition with the court and serve it on the opposing party. The court will review the petition and determine whether it will hear your case.
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Outline the errors in the lower court's decision in your brief. Once the court has agreed to hear your child custody appeal, you will need to prepare a brief that explains your reasons for believing that the lower court erred in its decision. You will need to cite the lower court's rules, along with case law and the facts surrounding the initial custody hearing.
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Tips & Warnings
-- If you cannot afford an attorney, many nonprofit child advocacy groups offer legal representation for free or at a reduced price.
-- Qualifying indigent petitions may have their court fees waived. To request a fee waiver, you will need to submit an application to proceed in forma pauperis.
Because of the complexity of appellate cases, consider hiring an attorney.
