This is the next post in my series on the handling of San Bernardino, California child custody appeals. My last article provided an overview of topics which this series will be addressing and stressed the need to immediately contact an attorney if you wish to file an appeal. It is important to understand that you only have a limited amount of time in which your Notice of Appeal may be filed. If you miss the deadline then you will forever lose your right to appeal the Trial Court’s decision. In this article I will discuss commonly raised issues in such cases. Contact my office today if you require the assistance of a lawyer.
California child custody determinations will always be based on the “best interests of the child.” When determining what is in a child’s best interests the Court will consider factors such as the ability of each parent to meet the child’s needs, the extent to which each parent attempts to foster a relationship between their counterpart and the child, the level of conflict between the parents, whether there have been any prior acts of domestic violence, and others. At trial the Judge will hear evidence from both sides. The evidence presented must be relevant to which parent should be granted custody over the other.
Facts Trial Courts will usually consider, when determining the best interests of the child, will include the child’s grades (depending on their age), whether the child is displaying any types of behavioral or emotional problems, the arrangement the parties have historically followed in terms of who cares for the youth, and more. The Court may be presented with these types of information through witness testimony or documentary evidence. When the matter is appealed the higher Court will not consider new evidence; only evidence which was presented during the Trial Court proceedings may be considered on appeal. This means that the issues raised on appeal must revolve around whether the Trial Court correctly interpreted evidence related to a child’s best interests, whether evidence was properly admitted, or whether evidence was properly denied admission.
In my upcoming articles I will provide a more in-depth discussion of common appellate issues. As a San Bernardino appellate attorney, I assist California residents who wish to challenge a child custody determination. I understand that a parent will be frustrated and upset after losing a child custody trial. I will give your case the attention it deserves and my office will make sure that your rights are protected throughout the process. Call today to speak with a lawyer.
We also service Rancho Cucamonga, Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley, Redlands, Highland, Colton, Yucaipa, Montclair, elsewhere in the Inland Empire, as well as Los Angeles.