QUESTION
How does one successfully appeal a child custody ruling?
Asked on May 11th, 2015 on Child Custody - Nebraska
More details to this question:
My parents have been divorced for years. At first, we all lived with my mom, but soon after the divorce, she started to change. She would verbally abuse me and eventually she beat me as well. I ended up living with my dad while my younger sister and much younger brothers stayed with my mom. My dad and I recently went to court to try to get my brothers out. I told them about how my mom abused me, but my sister is too afraid of both my parents to back me up, and the court ruled that my brothers would stay with my mom. I am really worried about them. They are too young to understand a lot of what goes on there, and I do not want them growing up in an environment where they feel afraid. Our lawyer obviously was not good enough to solve this, so what can I do to get my brothers out?
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can do nothing as you are not their parent and they have two parents. If you have reason to believe they are being abused (based on current facts,not your experience) you can call CPS. In the absence of that, and it sounds like the court did not find any issues, there is nothing you can do but be a good older brother.
Answered on May 11th, 2015 at 5:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There commonly two sides to every story, and apparently the court did not yours was the more credible or the alleged wrongdoing was sufficient to take custody from one parent and granted to another. In cases like this it is sometimes very difficult to get the minor children to reliably testify.
Answered on May 11th, 2015 at 5:08 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This is a hard situation. Only your father, I should think, has standing to appeal the decision. But an appeal must be based on the record which was made below. You can't just approach the appeals court and say the decision by the trial judge was wrong. He should have believed me and not the other witness(es). You'd have to show what errors were made, and why they make a difference. First things first: find a skilled matrimonial lawyer who can advise you, and represent you if he or she thinks there is a good basis for appeal. Please be aware that the great majority of appeals from family court result in affirmance of the lower court's decision. Good Luck.
Answered on May 11th, 2015 at 5:06 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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There is nothing obvious to me here except that you are not a party and thus cannot appeal. Your father can appeal but it's a slowly, usually losing proposition. Your father needs to take responsibility and get competent legal advice.
Answered on May 11th, 2015 at 3:37 PM
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If she was truly abusive, you can report to Child Protective Services and they will investigate and work to keep your siblings safe. Best wishes.
Answered on May 11th, 2015 at 3:36 PM