CA child custody laws, procedure for appealing a child custody decision

Challenging a child custody order on appeal can be a costly task. If you were represented by counsel during the custody proceedings, you should contact that attorney for assistance in filing a notice of appeal. If you were not represented by counsel, I highly recommend that you retain the services of an appellate attorney who is familar with child custody laws.

If you are going at this pro per (without an attorney), then you should carefully read the free resources available at the California Court of Appeal web site which explains the appeal process, the required filings, and the required fees. (http://www.courtinfo.ca.gov/forms/fillable/app001.pdf)

A standard notice of appeal form can be downloaded from the Court web site (http://www.courtinfo.ca.gov/forms/fillable/app002.pdf). Once you complete the form, you will need to file the form in the same court who heard your child custody proceeding. The court clerk will process your ntoice of appeal and send it off to the Court of Appeal. From that point forward, you will need to carefully follow all deadlines and rules that are listed in the Court's appellate guidebook (http://www.courtinfo.ca.gov/forms/fillable/app001.pdf). Also review the following guidebook from the Court of Appeal in San Diego written specifically for pro per persons (http://www.courtinfo.ca.gov/courts/courtsofappeal/4thDistrictDiv1/4dca_stepbystep.htm)

However, I urge you to consult with an appellate attorney regarding the pros and cons of attempting to challenge a custody order on appeal. The appellate process tends to be far more complex than most believe it will be and it can be very costly.

Best of luck with this emotional decision.

Sincerely,

Amanda F. Benedict
Law Office of Amanda F. Benedict
Appeals & Bicycle Accident Litigation
162 S. Rancho Santa Fe Rd., Suite F-20
Encinitas, CA 92024
(760) 942-0054 - phone
(760) 942-0055 - fax
Email: amanda@amandabenedict.com
Web Site: www.amandabenedict.com
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