Cb asked:


We were granted full custody of my husbands son on the basis of child abuse among other things. The mother is appealing the order and she didnt even show up to the court date the first time!!! What does it mean to appeal an order and how could she possibly get him back just bc she appeals it? I dont understand. PLEASE HELP!!!!!!!!!!!

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3 Responses to “What happens when a court (child custody) case is appealed? ?”

1. Kelly S on August 4th, 2009 2:01 pm

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   If it is appealed, the current custody situation will remain in place until a new ruling is made in the appeal. If the appeal isn’t a solid case (i.e. YOU aren’t the child abusers) then there probably would not be a new ruling at all, in which case the custody you were granted would remain.

   If she alleges that you are mistreating the child, he could be placed in protective custody (with child services/foster care/etc.) until the case is heard, but this usually doesn’t happen. Especially if you’ve already been granted custody, you probably won’t have to worry about that. Not showing up at the court date reflects very poorly on her, and simply appealing the ruling will not let her get him back.

   Good luck!

2. Jacky C on August 4th, 2009 4:59 pm

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   appeal means they gonna look further into the case.

3. sksmith9906 on August 7th, 2009 2:15 am

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   Odds are she will not win an appeal, so don’t worry too much. I went through this with my husband several years ago when he got custody of his daughter. She is probably appealing because no mother wants to be told they can’t have their child whenever they want. She is just holding on to a little hope. Unless she can give the judge a dang good reason to reverse his decision, he/she probably won’t. However, be prepared for the future, because she can take your husband back to court for custody later down the road if she feels she has made a better home for her child.