This is the next post in my series on the handling of child custody appeals in San Bernardino, California. My last article discussed the process of challenging the lower court’s evidentiary rulings. It may be possible to gain a reversal if the Trial Judge incorrectly admitted or denied the admission of evidence upon which they relied when making their decision. An experienced family law appeals attorney can help you determine whether you have a basis to challenge previous evidentiary determinations. In this post I will discuss the possible outcomes of an appeal. If you need assistance, then contact my office today to speak with a lawyer.
There are three main possibilities as to how a child custody appeal can be resolved. The first is that the Court can simply affirm the previous decision. The second is that the Court could outright reverse the decision. The third is that the Court could reverse and remand the matter for a new trial. I will discuss each of these possibilities.
If the Court affirms the Trial Judge’s opinion, then they are upholding the previous order. This means that the Trial Judge’s opinion is considered to be correct and you will be required to follow the order which you appealed. This is the “worst case scenario” for the person who filed the appeal. The opposite of this is when the Court outright reverses the Trial Judge’s opinion. This would be a scenario where the Trial Judge ruled that Parent “A” should have custody and, instead, custody is granted to Parent “B” on appeal. Such reversals are most common in cases where the Trial Judge ruled to change an existing custody order and the Appellate Court is simply returning the family to their previous arrangement.
Cases which are reversed are most commonly remanded for a new trial. This is a situation in which the Appellate Court finds that there was some type of problem with the trial process. Such a problem may include evidence which was improperly admitted or excluded as well as objections which were improperly granted or overruled. If the case is reversed and remanded for a new trial, then the parties will essentially have a “do over” of the trial process and the Trial Judge will issue a new ruling after a second proceeding.
If you wish to challenge a child custody determination, then you only have a limited amount of time in which you may do so. As a San Bernardino family law appeals attorney, I am able to assist with such matters. Contact my office today for assistance. 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.