Should I Appeal my Child Custody Case?
After a contested custody hearing and a ruling is memorialized into in order or judgment, the parties involved are faced with a decision to accept the court ruling or challenge it. It is common for one or both parties to be unhappy with part, or all, of the court’s ruling. However, there are several factors that are worth considering when deciding whether to continue the litigation by challenging the ruling via appeal.
First, cost is often a factor in these situations. If the litigant who is considering an appeal was represented by counsel, they have likely already incurred fairly significant costs simply by having a contested custody case. Any post-judgment activity is obviously going to add to the overall cost of the litigation. The appealing party must pay for the transcripts of the hearing, and either pay an attorney to perform legal research and write a brief in support of the appeal or do it themselves. Appeals can cost just as much, if not more, than the underlying contested custody case.
Second, the importance of the issue under consideration for an appeal is critical to consider. If the litigant is frustrated by a part of a ruling about an exchange time on a holiday or who gets the first choice of vacation weeks during any given summer, those issues are less impactful as to an award of primary physical custody or sole legal custody (for example).
Third, appeals are both time-consuming and the contested order is going to go into effect while the appeal process plays out. Even the “expedited“ treatment that Maryland’s appellate courts give custody appeals can take nearly a year to complete. Then, if the appeal is successful, there is another wait while the matter goes back to the circuit court level.
Fourth, if the litigant challenging, the trial courts ruling is successful on appeal, the result is not that the appellate court corrects the ruling in a manner that the litigant wants. No, the appellate court will direct the trial court to rehear the case that has been appealed, but with certain directions from the appellate court to consider in a new ruling. Accordingly, a successful appeal often puts the litigants back in front of the same Judge for a re-trial of the issues that the Judge has already heard once.
Last, custody litigation is unlike many other aspects of the law. Unlike a contract dispute or a criminal trial that revolves around circumstances that occurred at a certain date and time, the custody of a child is often a 18-year-long process. Because child custody decisions are always modifiable, it allows for litigants to wait for a change in circumstance and then request a modification of the prior custody decision that they felt was incorrect. In some cases, waiting for the opportunity to file a modification takes less time than for the appeal process to play itself all the way out.
