What To Know Before Appealing a Child Custody Ruling

Appeals Can Be Expensive

The court system—through filing fees, the expense of legal representation, and the opportunity cost of labor hours you’ll lose to the process—has very real costs to it. You need to understand that the price of an appeal can be quite high and that, despite your sizable investment of time and money, you still might not necessarily receive a favorable outcome. Furthermore, for financial reasons as well as ethical, it’s paramount only to appeal in good faith. If the appellate court deems your appeal baseless, they can penalize you further. Not only will you incur the standard costs of filing an appeal and trying that case, but the court may also charge you with paying the opposing party’s fees, effectively doubling your expenses in a losing cause.

The Odds Are Against You

A trial lawyer should never ask a question to which he or she doesn’t know the answer. In the same spirit, you shouldn’t file an appeal you don’t think you can win. Chief among what to know before appealing a child custody ruling is that, while appellate courts serve a valuable purpose in the legal system, statistically, they are likelier to affirm the ruling of the lower court than to overturn it. The emotional valence of family court could lead you into a fight you can’t win. The attorneys of Schiller DuCanto & Fleck LLP can help you review your case and determine, with both a fresh set of eyes and an unbiased perspective, whether you can overcome these odds.