Fayetteville Child Custody Appeals Lawyer

Child custody appeals are requests to review whether the law was applied correctly or whether important rules or procedures were violated. A Fayetteville child custody appeals lawyer can help assess whether the trial court applied Arkansas law and followed the standards that must be considered when awarding custody or parenting time to parents.

An appeal is not an opportunity to re-litigate the facts of your case, but instead a limited review of the record to correct possible errors that could have impacted the best interests of the child.

Hire a Child Custody Appeals Lawyer

Bundy Law handles family law appeals in Fayetteville, including those related to child custody. The firm’s lawyers know that appellate advocacy requires a different set of skills than trial litigation, and they focus on careful record review, accurate legal briefing, and strategic issue preservation.

The firm’s experience with the appellate process, including its procedural and time-sensitive nature, enables Bundy Law to handle child custody appeals in a disciplined, detail-oriented manner, with a focus on preserving parental rights and custody determinations.

What Can and Cannot Be Reviewed in a Child Custody Appeal

An appeal in a child custody case is not a second trial. It is not a chance to present new evidence that was not available at trial. An appeal is limited to an examination of the trial court record to determine whether the court committed legal error, abused its discretion, or made factual findings that were clearly erroneous. This includes errors in applying the law or legal standards, as well as unsupported findings.

The appellate court does not reweigh testimony or reconsider the credibility of witnesses. Recognizing these limitations is crucial to determining whether an appeal is the right course of action, as not all decisions are appealable and only certain types of errors can be raised on appeal.

Common Legal Errors Raised in Custody Appeals

Many custody appeals challenge how the trial court interpreted Arkansas law in light of the facts to determine if the child’s best interests were adequately served. Common appellate arguments are that the trial court did not use the proper legal standards for determining a child’s best interests, based its decision on improper factors, or made findings that do not allow for meaningful appellate review.

Appellate issues might concern whether the trial court breached a parent’s constitutional rights, including due process protections, or used an incorrect standard of proof or legal presumption. Examination of the written order and transcript of the hearing is necessary to determine which of these, if any, have been committed, which are subject to review on appeal, as opposed to mere disagreement with the result.

Preserving Custody Issues for Appeal

Many issues that can result in a successful custody appeal are decided well before the notice of appeal is filed. The appellate process typically limits itself to claims that were properly preserved in the trial court. Preservation usually requires that a party make a timely objection, motion, or request for findings on a matter that they wish to raise on appeal.

If an issue was not raised at the lower court or ruled upon by the trial court, it may be waived and unreviewable on appeal. The trial record in a custody case, including findings of fact and clear rulings, is critically important. Knowledge of preservation issues can also help a parent determine whether an appeal is possible and what arguments may be available.

FAQs

Does Filing an Appeal Automatically Change a Custody Order?

No, filing a custody appeal does not automatically stay or modify an existing custody order. In most cases, the trial court’s custody ruling will remain in place while the appeal is pending, unless a stay or modification is granted. Parents should be prepared to comply with current orders during the appellate process.

Why Do Detailed Trial Court Findings Matter in Custody Appeals?

Custody appeals matter rely heavily on the written record and the trial court’s findings. Orders issued by the Washington County Circuit Court are strictly construed for legal sufficiency and clarity. Any incompleteness or internal inconsistency in the findings may become the focus of an appeal regarding whether the law was applied.

Why Are Child Support Orders Often Reviewed Alongside Custody Appeals?

Child custody decisions are often associated with child support determinations. In 2022, the U.S. Census Bureau found that about 43.2% of custodial mothers and 33.4% of custodial fathers had a child support order or formal agreement in place.

Since support obligations are generally based on findings of custody and parenting time, an appeal involving a custody issue may include a review of a related child support order if a legal or procedural error affected the support decision. Contact a Fayetteville child support lawyer for more info.

How Common Is Divorce?

Divorce is among the most commonly filed types of cases, and most cases involve numerous legal issues. The Centers for Disease Control and Prevention lists Arkansas’s divorce rate at about 3.0 per 1,000 people. Many divorce cases involving joint children include child custody rulings within the same legal proceedings. Since custody decisions are made as part of a divorce case, any supposed legal or procedural errors in those rulings may later be raised in an appeal. Contact our divorce lawyers in Fayetteville if you need any help.

Contact a Fayetteville Child Custody Appeals Lawyer

Arkansas child custody appeals are a unique form of appellate review. Appeals focus not on rearguing facts, but on identifying legal or procedural error that affected the trial court’s custody decision. Custody appeals can test whether the trial court properly applied Arkansas law and the required legal standards.

The team at Bundy Law understands how to effectively advocate for child custody clients in Fayetteville on appeal. From knowledge of appellate procedure and process to understanding record-based review and strict filing deadlines, we focus on what it takes to fight for you and your children.

If you are concerned about a custody ruling, timing and strategy are important. Hire a child custody appeals attorney in Fayetteville to evaluate the record, help identify appealable issues, and determine whether appellate review is the right next step. Schedule a consultation today.