Can I Appeal a Custody Ruling?
In the state of Florida, parents have the right to appeal a child custody order. However, there are some interlocutory orders that you cannot appeal. If you would like to file an appeal, you must wait until the family court has issued its final ruling before beginning the appeal process.
It is not easy to convince the court to modify a child custody order. Before you file an appeal, it is highly advisable that you discuss your case with a child custody attorney.
Michael M. Raheb is a child custody lawyer in Naples who will answer your questions about the appeal process and explain the potential outcomes of your case. Mr. Raheb has the litigation experience to represent your interests. Call 866-949-0888 to schedule a free consultation at The Law Offices of Michael M. Raheb, P.A.
How Do I Appeal a Child Custody Order?
If you do not think your children will be able to thrive with the current custody arrangement, an appellate attorney can help you appeal the ruling. It is important to remember that an appeal is not a retrial and does not involve any new evidence. Rather, it is a request for a higher court to review your case.
According to The Florida Bar, you must file your notice of appeal within 30 days of receiving the final custody order from the lower court. There will be an application fee for filing your appeal. Once you have submitted your appeal and paid the fee, the clerk will send it to a Florida district court of appeal.
Your child custody attorney may recommend that you leave certain documents off the record, such as the transcripts of the original hearing. If you want to leave eligible documents out of your file, you must notify the lower court that issued the order within 10 days of filing your appeal.
In your request for an appeal, you must include a written brief that explains why the original court order was unsuitable. You will need to share this brief with the other party, and the appeals court clerk will request three copies of it. The brief should include:
- A table of contents and a table of citations;
- A statement regarding the case;
- A summary of your argument;
- A full argument; and
- A conclusion.
Will Filing an Appeal Ensure a New Custody Order?
When you file an appeal, you are not introducing any new testimony or witnesses to your case. Instead, you are requesting that a higher court review the lower court’s decision. Because the higher court is going to consider the same factors that the lower court did, your custody order may not change.
Although filing an appeal does not guarantee that you will receive a new custody arrangement, you should still make the attempt if you are concerned about your children’s welfare under the current order. Ultimately, the court wants to act in the best interests of the children involved.
If you do not believe that your current custody arrangement is in your children’s best interests, turn to The Law Offices of Michael M. Raheb, P.A. Call 866-949-0888 to schedule a free consultation with a child custody lawyer in Naples.