Can a Child Appeal a Custody Ruling?
Child custody can be one of the most emotional and contentious issues in a divorce or in a situation where the parents were never married and no longer or never lived together. Each parent often has different visions for how they want the custody arrangement to be, and both of their visions may be different from that of the children. In Georgia, as in most states, the court still views the children as minors who haven’t reached the age of majority. Due to this, their rights and the influence they have on the court’s custody decision are limited, including the right to appeal a custody ruling.
However, you can hire an experienced Suwanee child custody attorney from Banks, Stubbs & McFarland to help ensure that your custody orders are the best they possibly can be and that the family court judge considers all factors.
Children’s Involvement in Custody Matters
In Georgia, children usually have little involvement in their own custody matters. Family court judges take into account many factors when determining custody orders, such as each parent’s involvement in their life, where they attend school, and the health of all involved parties. Above all, the law supports children having a relationship with and seeing both parents when at all possible.
In some circumstances, a judge may interview the child to help gain a better understanding of their home life and desires. However, if the judge makes a custody ruling based on information from interviewing the child, they have to make that information available to both sides.
Appealing a Custody Ruling
Either parent can appeal a custody ruling, but children themselves don’t have legal standing to do so since they aren’t legal adults. Parents can file an appeal if they believe the lower court judge made an error in their case related to the court’s interpretation of existing laws and the facts presented in the case.
If a decision is reached by the court that would otherwise not be made considering the evidence that was presented, an error, in fact, occurs. Appellate courts must determine that your appeal is significant in order for them to agree to review it. Unnecessary appeals are usually denied and could result in penalty fees for the appealing party.
Working with an experienced Suwanee child custody lawyer who understands the appeals process and Georgia’s family law is imperative to have a child custody court decision modified or overturned.
Do You Want to Appeal a Child Custody Ruling? Talk to a Knowledgeable Suwanee Child Custody Attorney Today
Child custody issues, especially those at the appeals level, require the knowledge and expertise of an experienced Suwanee child custody lawyer. If you believe the court made an error in your child custody order, reach out to the attorneys at Banks, Stubbs & McFarland today. We can help ensure that you have a valid appeal and file it on your behalf. Schedule a child custody appeals case consultation today by calling 770.887.1209 or completing our online form.