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What Does It Take to Overturn a Custody Decision?

Child Custody Lawyer

After a divorce, it is fairly difficult when the court doesn’t rule in your favor because at that point in time, there really is nothing more you can do but follow the orders. However, after the ruling, you have the chance to convince the judge to overturn the custody decision. Courts only want what is in the best interest for the child so if circumstances change, they will overturn the custody ruling. Since each case is unique, the best thing to do is hire a child custody attorney so that you have a much higher chance to be awarded custody.

The court makes its initial custody decision based on the 12 best interest factors. A few of these factors include the “the length of time the child has live in stable, satisfactory environment, the mental and physical health of the parties involves, domestic violence, and the permanence of the existing or proposed home.” These are the same factors the court will look at if you would like them to overturn their decision.

When the custody order is given, you can ask the court to modify their decision. The court will only modify the custody decision is there were substantial changes in circumstances and it would benefit the child. Substantial change in circumstance could include new allegations of abuse from one of the parents or a parent is convicted of a crime that will harm or negatively impact the child. Another example would be if one parent lost their job or home, and they could no longer provide a stable living environment for their child.

To prove to the court that you are a better fit for either more parenting time or to receive legal or physical custody, you will need to show that you can provide a stable and loving home and atmosphere for your child. Hiring an experienced lawyer can help you build your case to prove to the court that it is in the best interest of the child to overturn the custody decision.

At my Law Office of John R Rinn, I can walk you through the process of overturning the custody ruling. As a child support lawyer with experience since 1979, I will make your needs a priority. If you need any assistance with your divorce and child custody battle, then give me a call at 734-513-6808 for legal advice today. 

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