Don’t like the judge’s custody order? Is it worth filing an appeal?

What do you do when your custody hearing does not go your way? What do you when you asked the court for primary physical custody but the judge gave you only partial custody? When your ex asks to

Appeal

Sometimes, the only tool available to fix an incorrect custody decision is an appeal to the Superior Court of Pennsylvania

relocate the children from Cumberland County to LasVegas, Nevada and the judge lets him or her do it, even though you opposed the relocation tooth and nail?

A good first thing to do is to ask your attorney to file a Motion to Reconsider”. The motion should be filed promptly after the order issues. It should cite specific reasons why the judge should reconsider the order he just issued. The chances of success with a motion to reconsider are slim unless the judge really did miss something big.

Beyond the motion to reconsider is an appeal to the Superior Court. Again, your attorney should file the appeal ASAP after the judge issues her order. The appeal must be filed with 30 days of the order; whether or not your attorney as already filed a motion to reconsider. Going the appellate route is not easy. The Superior Court dismisses the vast majority of appeals it reviews.

However, if your attorney believes there is a legitimate, appealable issue that should result in a reversal, then a disappointed parent should seriously considering filing that appeal.

I know child custody appeals can be won because I have recently won 2 custody appeals*. To prepare and file your appeal, you should choose a lawyer who knows the appellate system and is an experienced custody attorney. Because I offer free consultations, I would be happy to discuss your custody matter (whether a possible appeal or something else.)

Feel free to contact me at 717-582-0400. My office address 15 E. Main St., P.O. Box 121, New Bloomfield, PA 17068.  Although my office is located in Perry County, I practice throughout the mid-state region.

*Winning an appeal in the past is no guarantee of future performance.

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