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Possible to appeal a court ordered custody case?

Saint Paul, MN |

I want to appeal a recent court ordered custody case. I felt I was misrepresented and could earn custody if I had the proper attorney. Can I appeal the decision?

Attorney Answers 3


  1. You may always appeal a District Court Order. You must file that appeal within 60 days after the Order has entered. The appellate process is very demanding and any error may invalidate the filing.

    For a consultation call 612.240.8005.

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com


  2. Just remember that an appeal is not a chance to relit irate your case. Appeals determine whether the district court made an error of law, not whether it made the right decision Bout custody. So just because you don't think the district court made the right call doesn't mean that your appeal will be successful. The appellate court will general,y defer to the factual decisions of the district court.

    I put more information about the appeals process in the links below. You can call me at 612-223-7286 to discuss your case further.


  3. You cannot introduce new evidence on appeal. The concept of ineffective assistance of counsel applies only in criminal cases. If there was an error of law, such as the court did not consider mandatory factors, your appeal may be winnable.
    Good luck!

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.

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