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What will the Appellate Court take into consideration when dealing with child custody appeals.

Rockford, IL |

District Judge said best interest with mother and father is appealing. Mother has Primary Physical and both have Joint Legal.

Attorney Answers 4


  1. There's so little information here it's quite impossible to say what issues might be implicated. (Please see this Guide: http://www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom .) In general, you can't appeal a court's ruling just because you don't like it. You can only appeal if you can show that the trial court made some specific error - generally, an error of law, that is, interpreting the law incorrectly. You can appeal findings of fact as well, but only if you can show that no reasonable factfinder could have made the factual ruling that the trial court did - a much harder standard to meet than review of a legal ruling. You must have objected to the error at the time of trial, or you lose your right to appeal (unless it was "plain error" - that is, unarguable).

    Because child custody cases tend to be very fact-specific and involve a lot of reasonable-person, best-interests-of-the-child standards, they can be very hard to appeal. It's not impossible, just a lot rarer than in other areas of law. If you're going through an appeal, you need to consult in private with an attorney who specializes in that. Appeals have specific, rigid formal requirements.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: jay@bodzindonnelly.com<br> Online: www.bodzindonnelly.com


  2. Your question is confusing but what can be appealed is the decision of the trial judge. The appellate court will consider only the evidence presented in the trial court.


  3. The Appellate Court does not focus on the outcome of what happened in the trial court as much as litigants do. It is concerned with whether the laws of evidence were applied properly, and if the trial court did or did not abuse its discretion. It is very difficult to get a reversal of the trial court's ruling.


  4. I don't have enough information to help you here. Do you have an attorney to help you on the appeal? You should consult with one.

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