This is the next post in my series on child custody appeals in Melbourne, Florida. My last post discussed challenging evidentiary rulings in child custody appeals. Evidence used at the trial level must meet specific requirements to be admitted into evidence. An appeals court may review whether the judge’s decision to allow or not allow the use of certain types of evidence was erroneous. Consulting with an experienced attorney may help you determine whether your case can be appealed. In this post, I will discuss the possible outcomes of an appeal. If you need assistance, contact my office to speak with a lawyer.
There are three possible outcomes of a child custody appeal. The District Court of Appeal may:
- Affirm the trial court’s decision;
- Reverse the trial court’s decision; or
- Reverse and remand the matter for a new trial.
If the appeals court affirms the lower court’s ruling, the previous order issued is upheld. The parties will be required to comply with the terms of the previous order. For the person who filed the appeal, this is the worst result. Conversely, if the court reverses the ruling in full, this is a best case scenario for the person pursuing the appeal. In this circumstance, for example, if the lower court granted custody to the mother, the effect of the reversal would be to grant custody to the father. This is most commonly seen when a lower court’s decision represented a change to a current custody arrangement and the appeals court is returning the family to the status quo.
Unlike the extreme result of an outright reversal, most reversals are remanded for a new trial. This is common when the appeals court decides that the trial court erred in admitting evidence or incorrectly sustained or overruled an objection made at trial. Once remanded, a new trial will be scheduled and the parties will make their cases once more. The trial court will issue a new ruling after the second proceeding.
Deciding whether to appeal a child custody case is a complicated and time-sensitive matter. Consulting with an experienced Melbourne, Florida appeals lawyer can help decide whether an appeal is right for you. Contact my office today to speak with an attorney. My office services clients in the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.