Can I Appeal a Child Custody Ruling in FL?

When the family court issues an order for parenting and timesharing - called child custody in most states - it can be devastating if the order is not in your favor. Perhaps the child’s other parent made false, but persuasive, accusations that you were unfit to parent, or you did not have the right legal representation to properly stand up for your parental rights. On the other hand, maybe the court gave the other parent substantial timesharing rights when you fear it is unsafe or unhealthy for your child.

Whatever the reason, if you think you might want to appeal a child custody ruling, you should reach out to our Daytona Beach child custody attorneys at The Law Office of Jeffrey A. Klein right away.

The Court’s Ruling

Florida law requires all courts to make child-related decisions based on what is in the best interests of the child. This involves examining many factors, such as:

  • The child’s age and specific needs
  • Each parent’s willingness to co-parent
  • The child’s ties to each parent’s neighborhood, church, school, extended family, and more
  • Each parent’s ability to care for the child
  • Many other relevant factors

It is the public policy of Florida that children have frequent contact with both parents, and the state does not automatically favor the mother or father. That said, some parenting and timesharing are wrongfully lopsided or not, in fact, in the best interests of the child.

The Appeal Process

Like every state, Florida has different levels of courts. Your initial order will come from the county court, and if you have good reason, you can request a review of the order by the appellate court. This can be an uphill battle, as the Court of Appeals generally upholds a custody order unless the lower court made a grave error.

Some reasons for appeal would be:

  • The ruling was not in the best interests of the child
  • The court highly favored one parent over the other without written findings as to why
  • One parent did not get due process during a custody hearing
  • The court abused its discretion in another manner

You should discuss whether you have reason to appeal with an experienced Daytona Beach child custody lawyer. If you decide to appeal, there are strict deadlines, so you do not want to waste any time in contacting our law firm. If we believe you have a viable appeal, we can move forward with every step of the process.

Don’t Wait to Speak With Our Daytona Beach Child Custody Lawyers

If you have a child custody order that you disagree with, it is worth it to discuss a possible appeal with a knowledgeable attorney. We can also advise you of other possible options, such as a possible modification down the road if you decide not to file an appeal. Reach out online or call 386-252-3061 to get in touch with our Daytona Beach child custody attorneys at The Law Office of Jeffrey A. Klein.



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