This is the first post in a series of articles discussing child custody appeals in Las Vegas, Nevada. Losing a custody battle can be heartbreaking and extremely stressful. After an unfavorable ruling, a parent may feel helpless and unsure about how to proceed. When there is an emergency or significant change in circumstances after the court’s initial ruling, a modification may be appropriate. In some situations, however, it is possible to appeal a child custody decision immediately after the ruling. Certain legal issues must exist for a case to be appealed, such as a judge’s misapplication of the law or a procedural violations, for example. The purpose of this series is to provide an overview of the appeals process in Las Vegas. An experienced family attorney can review your case and advise whether an appeal is appropriate and the likelihood of success. If you need assistance, contact my office to speak with a lawyer.
This series will review the following topics:
- The differences between child custody appeals and trials
- The types of issues that may be appealed in custody cases
- What to expect during a child custody appeal
- The possible outcomes of the child custody appeals process
If you are engaged in a custody dispute or have received an unfavorable custody decision, it is important to understand these points for several reasons. First, there are distinct differences between child custody appeals and trials. Unlike the trial process, an appeal does not involve the presentation of new evidence, witness testimony or cross-examination. Attorneys submit legal briefs to the court in support of or opposing the appeal. Second, parents should understand that specific legal issues must exist in order to request further review of a ruling. It is not enough to simply be unhappy with the trial judge’s decision. Third, parents involved in the appeals process should know how the process works in order to manage expectations for their family. Finally, an appellate court’s decision can impact the lower court’s decision in a variety of ways. A parent should understand the possible outcomes of an appeal.
Child custody cases are among the most hotly contested in family court. For obvious reasons, parents whose parental rights are negatively impacted by a custody ruling often consider their options to appeal their case. If you wish to appeal a family court’s ruling or are defending against a co-parent’s appeal, a family lawyer can help you understand Nevada’s custody appeals process and prepare your case in compliance with the requirements. It is important to contact an attorney as soon as possible after your case has concluded because appeals must be filed within a strict deadline. I am experienced in Las Vegas family law matters and can assist you with the appeals process. If you need assistance, contact my office today to speak to an attorney.