APPEALS- what are the limitations to & requirements of appealing a civil court ruling regarding custody? Apellate court process?

Asked almost 2 years ago - Bloomfield Hills, MI

Oakland County MI- mother found 'unfit' & to be 'danger to children' for making too many reports to CPS regarding suspected sexual abuse of 4 yr old daughter by father. Allegations were NOT unfounded; childs pediatrician, daycare provider & 'play therapist' all independently same to same conclusions from things they observed & they made their own individual reports to CPS as they are mandated to. However, O.C. judge ruled Mothers reports were false & her 'mental health' (ie:the reporting) posed a danger to the children's wellbeing. So she was stripped of all custody&visitation in Dec '12. Im a Legal Advocate, & I'd like to know what options are available to her in fighting this order.. For her sake, but especially to rescue this innocent child from her rapist!!! Educate me, please!! Help!

Attorney answers (3)

  1. Michael J. Olson

    Contributor Level 11

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    Answered . There are two courses of action. First, you could appeal. This is an "appeal of right" if it is done within the proper time period. If the ruling was in December, that time period might have passed. If it has, you must file an "application for leave to appeal" Very few individuals will do this properly on their own so hiring a lawyer is a must. The other option is to refile a motion with the Circuit Court Judge. As custody is always modifiable, a person can file a motion at any time to change custody, even if they have lost a previous similar motion. The reality is, however, that the Judge will not seriously consider a new motion unless there are changes in cirucmstances that have occured since the last motion. The best bet is to contact a quailified family law attorney to discuss your options. Good Luck.

    So there is no misunderstanding, my answer to your question does not establish an attorney/client relationship... more
  2. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . Attorney Olson gives you excellent advice. Please contact a local appellate attorney to assist your client with this time sensitive matter. Good Luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Laurel Stuart-Fink

    Contributor Level 16

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    Answered . Time is of the essence, and competent appellate counsel who has experience in family law, and in custody appeals especially, should be consulted immediately.
    LaurelStuart-Fink
    (248) 626-5450

    This comment is designed for general information only, and should not be construed to be formal legal advice nor... more

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Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Child custody appeals

Custody appeals are generally only possible in cases where the custody order was both meant to resolve all custody issues and has already been finalized.

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