Appealing the Outcome of a Custody or Related Case
Child custody concerns are highly significant matters that directly affect your parental rights and your ongoing relationship with your children. The law understands the magnitude of these issues and, as such, allows parents the right to appeal a court’s custody-related decisions. To do so, however, you must be able to demonstrate that there was an error in either the facts presented or in how the law was applied to the case at hand. Divorce matters are complicated, but appeals are more so. If you are appealing a child custody decision, it is in your best interests to work closely with an experienced Georgia family law attorney.
Causes for Appeal
In order to appeal an aspect of your child custody arrangements, you’ll need to prove at least one of the following:
- That there was a conflict of interests involved in the court’s proceedings or the judge otherwise violated ethical rules
- Official court procedures were not properly adhered to
- There were errors of fact involve, such as evidence that should not have been considered or testimony that shouldn’t have been omitted but was
- The court failed to interpret and/or apply all relevant law correctly
Bringing a successful appeal is not easy, and the process should not be entered into lightly. If, however, you believe you have grounds for an appeal, you shouldn’t wait to discuss the matter with a dedicated family law attorney.
Avoiding Common Mistakes
Avoiding common mistakes can go a long way toward bolstering your appeal. Consider all of the following:
- One of the most common mistakes is failing to hire an accomplished Georgia family law attorney who has considerable experience with custody-related appeals.
- An appeal is not an opportunity to retry your case, which makes submitting new evidence to the appeals court a mistake. During your appeal, the appellate court will review your case in search of a cause for appeal (as listed above).
- A common error associated with appeals is confusing disagreement with the court’s decision with actual grounds for appeal.
- Failing to understand and adhere to the exacting rules related to appeals is a serious error that is also very common.
Ultimately, bringing a successful appeal will hinge upon your ability to demonstrate that the lower court (the original court that tried your case, which is lower than the appellate court) was in error. It can be a tall order, but appeals are an important mechanism of the law that can help you rectify poorly rendered custody decisions.
Don’t Wait to Consult with an Experienced Georgia Family Law Attorney
If you have a custody concern that you believe warrants an appeal, it’s a good idea to discuss the matter with an accomplished family law attorney who also has impressive appeals experience. At Banks, Stubbs & McFarland in both Forsyth County and Cumming, Georgia, we are committed to employing the full force of our considerable experience in pursuit of a custody appeal that upholds your parental rights. To learn more, please don’t hesitate to contact us online or call us at 770-887-1209 today.