${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

How to appeal a child custody order

41926379_S.jpgWhile every family court judge tries to rule in the best interest of the child in each case, the reality is that mistakes happen. In custody cases in Illinois and across the United States, judges may make a judgment call that isn't right. Thankfully, parents have the right to appeal most custody orders, but the rules regarding these appeals can vary between one state and another.

The first thing to consider is whether the order in the custody case is final. A final order is one in which the court has reached its ultimate conclusion on the issue. A final order is typically entered after a hearing is held and all arguments are heard. If an order isn't final, that means there are still issues to be decided at the trial level. Without a final order, an appeal isn't appropriate yet. The rules regarding these appeals depend on the laws of the state the court sits in, so parents may want to consult an attorney with experience in family law in their state.

Just because an appeal is possible doesn't mean it is likely to succeed. For starters, an appeals court can only consider the evidence entered at the trial court. No new evidence will be admitted during the appeal. It will also use the same rules and laws to review the case that the trial court did. In many cases, the appeals court will simply agree with the trial judge and leave an order in place.

Parents considering an appeal of a final custody order may want to consider hiring an experienced family law attorney. The appellate process can be complicated, and a mistake could lead the court to refuse to consider a case on its merits. An attorney may be able to help a parent file an appeal and present the case that the original order goes against the best interest of the child.

No Comments

Leave a comment
Comment Information

Contact Our Team To Get Help Now

Tell us about your case and we’ll get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Stange Logo

Stange Law Firm, PC
115 Lincoln Place Ct.,
Se. 101
Belleville, Illinois 62221

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map

DHQ | Divorce Headquarters Divorce
Headquarters ® App Download The App
Questions? Live Chat Pay Your Bill Online
States of Service

Other Office Locations

  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
  • Greene County: 901 E. St. Louis, Suite 404, Springfield, Missouri 65806 Springfield, MO Office
  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
  • Madison County: 5 Club Centre Ct., Suite A, Edwardsville, Illinois 62025: Edwardsville Office
  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

The choice of a lawyer is an important decision & should not be based solely upon advertisements. See additional disclaimers here.