This is the next post in my discussion on the handling of child custody appeals in San Bernardino, California. My last article analyzed common issues raised in child custody appeals. It is important to understand that the appellate courts will only consider issues that were raised at your trial and new issues may not be raised on appeal. You only have a limited amount of time in which you may challenge the Trial Court’s ruling, so it is important that you contact an attorney immediately. In this article I will discuss how parents should proceed while appealing their case. If you need assistance, then call my office today to speak with a lawyer.
A common first step in an appeal is to file for a “stay” of the lower court’s rulings. If the request for a stay is granted, then the Trial Court’s most recent ruling will essentially be “on hold.” In other words, the prior order will remain in effect while an appellate court is reviewing the matter. A stay may be granted if it can be shown that the appellee has a legitimate chance with their appeal and that the child may suffer some type of detriment if the stay is not granted. Whether or not the Court will grant a stay will always depend on the specific facts of the case. You will only have a narrow amount of time in which the request for a stay may be granted so it is important to file the request as soon as possible.
If a stay is granted, then the parents will be bound by the prior court order. If a stay is not granted, then they will be bound by the current order. In either case it is crucial that you abide by the court’s mandate. Violating the court’s order may be seen as against the best interests of the child and can result in contempt hearings while the case is on appeal. Depending on the circumstances, violations of the operative order may even result in further proceedings over the status of custody. In other words, failing to follow the current custody order will only hurt your case.
It is crucial that you stay in contact with your attorney while the case is on appeal. You should contact your counsel whenever a situation arises in which you are unsure as to how to proceed. By following the order precisely, you help to avoid future Family Court proceedings upon the end of your appeal. I am a San Bernardino lawyer who assists with California child custody appeals. If you have any questions, then contact our office today to schedule an initial consultation. 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.