Joplin Child Custody Appeals Lawyer

As one of life’s most consequential legal decisions, child custody outcomes can affect parents and children for years to come. For this reason, Missouri law should be applied correctly at every stage of the child custody process. A Joplin child custody appeals lawyer can explain how appeals work and whether you have any grounds to appeal based on a legal error in your case.

Child custody appeal cases are unique from custody trials because they involve review of the trial court’s legal decisions instead of a custody hearing.

Focused Family Law Representation for Complex Cases

At Bundy, our family lawyers in Joplin represent those who face complex legal and financial issues during divorce or while protecting their parental rights. The firm consists of Fellows of the American Academy of Matrimonial Lawyers (AAML). Aaron Bundy is the only Oklahoma Fellow of the International Academy of Family Lawyers (IAFL)*.

Most cases that start in Joplin begin in the Jasper County Circuit Court located at 302 S Main Street, Joplin, MO 64836. Parents usually appeal decisions by filing a notice with the Missouri Court of Appeals, Southern District. The appellate court reviews the trial court’s actions to determine whether Missouri law was applied correctly.

Understanding Child Custody Appeals

Child custody appeals allow parents to challenge the legal correctness of the trial court’s judgment. This means that you may not get a second custody trial where you can present new witnesses or evidence to the appellate court. Parents can raise issues such as those listed below:

• Whether the trial judge applied Missouri’s custody laws correctly.
• Whether procedural errors affected the custody decision.
• Whether the trial court improperly admitted or excluded evidence.
• Whether the trial judge considered or refused to consider the required factors.
• Whether judicial rulings affected the final outcome.

Unless the record definitively demonstrates a mistake, appellate courts generally show significant respect for the trial court’s factual findings. Parents who plan to appeal should work closely with an appeals attorney to meet deadlines and to verify the appellate brief is filed correctly.

According to the CDC, Missouri had a marriage rate of 5.7 and a divorce rate of 2.6 per 1000. Also, 38.8% of live births were to unmarried mothers, highlighting the need for solid child custody rulings.

Missouri Child Custody Laws

Courts decide child custody based on Missouri Revised Statutes § 452.375, which requires judges to rule in the best interests of the child. To that end, family court judges must consider many factors when issuing custody decisions, including each parent’s willingness and ability to take care of the child’s needs and facilitate a relationship with the other parent, if appropriate.

Appeals related to custody modifications often involve Missouri Revised Statutes § 452.410. This statute spells out when and how parents can request a change to the current custody order. Whether the appeal involves an initial custody decision or a modification, appellate courts only review whether the trial court applied these laws correctly.

How Custody Appeals Differ From Custody Modifications

Parents sometimes confuse custody appeals with modifications. Both appeals and modifications provide an opportunity to change a custody order, but they cannot be used interchangeably.

A custody appeal challenges the legal correctness of the trial court’s judgment based on evidence already presented during the trial. A modification asks the court to reevaluate the current custody order because significant changes have occurred since the court issued the original judgment. The main difference is that an appeal is limited to the trial court record, whereas a parent can usually present new evidence during a modification hearing.

Hire a Child Custody Appeals Lawyer With Experience in Joplin

Deciding whether to hire a child custody appeals lawyer depends on your goals for your appeal. Child custody appeals require extensive knowledge of appellate procedure as well as legal research skills. Presenting a successful appeal usually requires drafting written briefs and conducting a thorough analysis of the trial court record.

Contact a Joplin child custody appeals attorney as soon as possible if you are considering an appeal. Legal counsel can guide you through the appellate process and help protect your rights.

FAQs

Can Grandparents Appeal Child Custody Decisions in Missouri?

Whether grandparents can appeal a child custody decision in Missouri depends on whether they have legal standing. Grandparents’ standing to appeal depends on their status in the underlying child custody case and the issues raised on appeal. Grandparents who were not parties to the underlying child custody action may be limited in their ability to appeal the decision. Missouri law does provide the potential to obtain grandparent rights in some circumstances.

What Standard of Review Applies to a Child Custody Appeal?

An appellate court may apply standards of review to the issues raised on appeal in a child custody case. The standard of review may vary depending on the type of error being alleged. The appellate court does not make its own factual determinations but reviews the record to determine whether the trial judge applied the appropriate law and reached conclusions supported by the record.

Can a Change in Child Custody Warrant a Modification of Child Support?

Yes, a change in child custody can warrant a modification of child support. If parenting time is altered, whether through an appeal due to a trial error or a Motion to Modify, a modification of child support could be warranted because parenting time is one of the factors used to calculate support.

Are Appellate Court Hearings Open to the Public?

Yes, with certain records and portions of family law cases restricted by Missouri law, generally, the records and hearings are public. When oral argument is scheduled, it typically takes place in an open courtroom before a panel of judges of the court of appeals. Not all appeals have oral argument.

Why Local Clients Trust Us

A Missouri child custody appeal allows parents to have the decisions made at trial reviewed by another court. The issue on appeal is whether the trial court applied Missouri law correctly. Appeals are not easy, however. They have their own set of rules, and they typically address questions of law, not questions of fact. However, a lawyer at Bundy can help you in this often-complex process. Contact us to begin the process.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.