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Appealing Custody

RaeRae's picture
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Has anyone ever appealed a custody order? How often does this work? We got custody of DH's kids, BM appealed. Mind you, the order was VERY hard on the mother, showed what a bad parent she has been to the kids. Does she have a chance to win the appeal? I know no one can really answer... just looking for some kind of support or something...

RaeRae's picture

Not sure what a home assessment is. We are in NC. She had 30 days to file an appeal, and filed it on the 30th day. The appeal process seems very confusing to us, and we are not sure if we have to respond or wait. We exhausted all our finances on the trial, and are unable to consult the attorney for this.

Rags's picture

We countered the original custody suit by my SS's BioDad. They dropped the custody component of their suit when we finally got to court. They were trying to scare my wife in to giving up custody.

8yrs later BioDad appealed a CS adjustment order that raised his CS by ~700%. I guess if you consider an ultimate 400% increase in CS a win, he won his appeal. Compared to a 700% increase anyway.

Appealing a family law court ruling is not like appealing a verdict in a criminal case. There really is no specific family law in most states. Family law is case law and is based on the rulings of the judges as a judicial collective. An appeal may result is some adjustments to the original ruling but it is very rare for the original ruling to be completely reversed.

This is what our attorneys have said and what we have experienced in the 17yrs we have dealt with countering the SpermClan in court.

Some of our legal professional members can provide more accurate opinions on this topic I think.

Best regards,

RaeRae's picture

We submitted an objection, which she refused to include in the papers she was to submit. She also included all the kids names in her documentation. We asked for the appeal to be dismissed based on these two things, and also brought it to their attention that she was not the one who initiated the appeal since it's not her signature on the forms. Not that that would matter much, but if you read the original court order, and put that together with mom not even being the one to file the appeal, hopefully they will realize what's up.

We've looked into legal aid, but it's tough to find. Especially for appeals for some reason.