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Is a judges order for custody binding if an appeal is made or does the previous order remain in effect until appeal is heard?

Richmond, VA |

I went to JDR court and while in conference with my lawyer outside the courtroom the case was called and the judge granted sole custody to my son's mother as if we had never showed up. I had to give up my son and I want him back until this case can be heard. Any help?

Attorney Answers 2


  1. As a matter of general jurisprudence, a Judge's Order is binding until a higher court issues their own Order, in most cases an opinion, which specifcally overrules the lower court's decision. Thusly, until the court of appeals overturns the lower court's action, the trial court's order is in effect.

    Good Luck with your appeal!

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.


  2. Your question indicated you already seem to know that you can appeal to the Circuit Court immediately.

    If the safety of the child is in question, the Circuit Court may be able to issue an emergency stay even faster than awaiting for the appeal to be heard.

    The Circuit Court is the 'higher' court and it can issue an order amending the JDR court’s decision. Such an act would prevent the JDR from issuing any further orders regarding custody.

    However, your appear to have an attorney already--ask that attorney for your options, the probability of success and what has to be shown for you to get an emergency stay. It is a pretty high bar--there would need to be significant, demonstrable circumstances for a court to take such an action.
    Best of luck.

    The information presented in this answer should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issue.

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