It is possible to contest or appeal a child custody order in San Diego with the proper legal grounds, processes and paperwork. However, this is not something that can be done simply if a parent did not get his or her desired outcome. There must be proof of an error made during the custody trial that fundamentally altered the outcome.
Child Custody Modification Request vs. Appeal
Contesting a custody order is not the same as requesting a modification. Contesting an order means you are attempting to appeal the decision made by the court based on your belief that the court made an error when determining custody. If successful, an appeal can invalidate the original child custody order by overturning the court’s decision. A new custody case can then take place.
Child custody modification, on the other hand, is a request submitted to the court to change or alter something about an existing custody agreement. One parent may need to request a different parenting time schedule, for example, due to a new job. Modification requests will generally be approved if there has been a substantial change in circumstance and if the modification still protects the child’s best interests.
How to Contest a Judge’s Custody Decision in San Diego
If you do not agree with a judge’s child custody decision in San Diego on the basis that you believe there was missing information or a critical mistake made, you may have grounds to file an appeal to the ruling. You should start this complex legal process by hiring an experienced child custody attorney in San Diego.
Identify Your Legal Grounds for an Appeal
With help from a lawyer, you can identify your grounds for contesting the custody order and start gathering information and evidence that supports your appeal. Grounds for custody appeals in San Diego can include:
- The order does not advance the child’s best interest. This is the overarching consideration for child custody decisions in San Diego. If you have evidence showing that the custody order could endanger the child’s welfare or safety, this can be grounds for an appeal.
- Abuse of discretion. An argument that a judge abused his or her discretion when making the child custody order. This could mean a judge who showed a strong bias toward one parent throughout the case or one who did not allow important evidence in your favor.
- Misinterpretation of facts. A claim that the court misinterpreted material facts involved in the custody case, such as a judge accepting a contested statement from one of the parents without evidence.
To contest a custody order, you must have a reason other than simply wanting a different outcome. Appealing a custody ruling is only possible if there were errors during the trial that altered the result.
Hire an Attorney to Fight for Your Custody Goals
You have just 60 days from the date that a child custody order is issued in San Diego to file an appeal. Start by contacting an attorney who handles this type of case. Your family lawyer in San Diego can gather critical evidence to support your appeal and fill out and file the required court forms (FL-300) on your behalf before the deadline. Then, your lawyer can represent you during hearings in the family court system to help you fight for the custody arrangement that best protects your child.
