Bentonville Child Custody Appeals Lawyer

Parents who feel that their child custody decision was wrong could appeal to a higher court. A Bentonville child custody appeals lawyer can examine your trial court record, identify legal errors, and craft legal arguments to persuade the appellate judges. Bundy Law can assert your rights throughout your family law appeal. We represent clients throughout Bentonville who have custody cases that impact their children’s lives.

About Bundy Law

Our Bentonville family lawyers regularly litigate high-dollar divorce and custody cases involving many complex legal issues. Aaron Bundy is a Fellow of the International Academy of Family Lawyers. He is the only attorney in Oklahoma to have earned this recognition. We also have multiple Fellows of the American Academy of Matrimonial Lawyers. These accolades let you know that we are recognized by our peers and judges for handling complicated family law matters.

At Bundy Law, we manage complex family law disputes across northwest Arkansas. We also handle family law appeals from cases heard in the Benton County Courthouse, located at 102 NE A Street in Bentonville, AR.

Child Custody Appeal Laws in Arkansas

Courts determine custody based on the best interests of the child. If you believe that the trial court made a legal error during your child custody appeal case, you may appeal that decision, according to the Arkansas Rules of Appellate Procedure–Civil.

In Arkansas, the judge determines what parenting arrangement is in the child’s best interest. If you file a child custody appeal, know that the appellate court will not hear witnesses or allow new evidence to be introduced. Instead, they will review the trial court’s record to determine if the judge applied the law correctly. They will also check to see if there was enough evidence to support their decision.

Approximately one in four children under the age of 21 lived with just one parent in 2022, with the other adult residing outside the home. One of the parents of almost 22.2 million children lived away from home. This amounts to 27.1% of all persons under the age of 21 living in families.

Grounds for Appealing the Child Custody Decision

You should know that you cannot simply appeal any child custody decision you disagree with. To appeal your child custody ruling, you must prove that the trial court judge made an error based on the law or how the hearing was conducted. Some reasons why you may appeal a child custody decision include:

• The trial court misapplied Arkansas custody laws.
• The trial court judge did not properly weigh the evidence.
• There were procedural errors that prevented a fair hearing.
• The judge’s decision was against the preponderance of the evidence.

Keep in mind that you cannot bring up new evidence or rehash personal issues you may have had with the trial judge. Appeals are focused on procedural issues and legal correctness.

The Appeals Process

The first step is to file a notice of appeal after the judge enters your final child custody order. After your appeal is filed, the trial court record will be compiled and sent to the appellate court. Next, your attorney drafts an appellate brief, stating why the trial court was wrong in its ruling. The other parent will also file a brief responding to your arguments.

In some cases, you may be asked to present oral arguments in front of a judge. Based on the briefs submitted and the record from the lower court, the appellate court will issue a decision.

Hire a Child Custody Appeals Lawyer

If you want to appeal your child custody ruling, you should hire a child custody appeals lawyer who has represented many of these cases in your jurisdiction. Family law appeals are not easy. Your Bentonville child custody appeals attorney should be experienced in family law litigation and appellate work.

The appellate system is very technical. If you file an appeal, you must comply with strict deadlines and procedural rules. Missing a deadline or failing to preserve an issue for appeal could result in losing your appeal before it even begins. Bundy Law has experience in family law appeals. We can determine if you have valid grounds for appeal.

FAQs

What Is the Biggest Mistake in a Custody Battle?

One mistake parents often make during a custody battle is getting emotional. Badmouthing the other parent, along with disregarding court orders and visitation times, can damage your credibility in front of the judge. Family courts take the child’s best interest very seriously. Showing stability and a willingness to cooperate with the other parent and following visitation guidelines will enable you to make a good impression on the court.

Can New Evidence Be Introduced in a Custody Appeal?

Generally, evidence that was not presented at trial cannot be introduced during a custody appeal. Appellate courts review the evidence and testimony presented during trial court proceedings. Judges review the record to determine whether the law was applied correctly and whether the trial court’s decision is supported by the record. If new evidence is discovered, a separate motion may need to be filed instead of an appeal.

What Are the Odds of Success With an Appeal?

Appeals can be difficult to be successful because appellate courts tend to defer to the trial court’s decision. The appellate court will typically not review all the evidence; rather, it will focus on errors of law. The more clearly something went wrong in applying the law, the more likely an appeal is to be successful.

Can a Custody Appeal Be Denied?

Yes. An appeal can be denied if the appellate court finds that the judge applied the law correctly and that there was enough evidence to support the trial court’s ruling. Appellate courts frequently uphold rulings if they find that no major legal mistakes were made. For this reason, it is important to know what legal arguments can be made on appeal.

Contact Bundy Law

Child custody determinations can have lifelong impacts on both your child and your relationship with them. If a judge’s decision is legally erroneous or unsupported by the evidence in your case, it can be critical to appeal the decision so you can protect your rights as a parent.

At Bundy Law, we handle contested custody cases and appeals all over northwest Arkansas. Let our experienced Bentonville child custody appeals attorney navigate the legal and procedural complexities of appealing your case. Contact Bundy Law today to speak with one of our experienced lawyers about your case and explore your options.