Whether you are the mother or father of a child, you have the right as the child’s parent to appeal a child custody stipulation in case you disagree with the court’s decision.
Issues that can be addressed by a stipulation order include changes in the visitation schedule, in the physical custody order and in the legal custody of the children. Below is a look at some tips that you can use to appeal a child custody stipulation.
Know the laws of your jurisdiction
In order to know the rules related to child appealing, a parent should know the laws of his or her state so as to determine the next child custody hearing. Custody orders can be changed after the final custody has been entered and corrections made to the visitation schedule and child support related issues.
Find out from an appeals lawyer about the laws and how to file the necessary papers.
Fill your papers correctly
With correctly filled court forms, you will be able to proceed with the custody stipulation. You need to fill the Request for Order form and the Child Custody and Visitation (Parenting Time) Application Attachment, although this form is optional. Explain more about what you think needs to be changed that you feel the judge needs to take into consideration.
Take your forms for review
Find out if your family law facilitator can assist with custody and visitation cases so that they can take a look at your paperwork before going to court. Create two copies of all your forms and keep one copy with you and the other for the other parent while the original is the courts’ copy.
After handing over the forms to the court clerk, they will be stamped filed and then two of the copies returned to you. You will have to pay a filing fee, but in case you do not have the money, you can ask for a waiver. A court or mediation date will also be given to you by the court clerk. Ask the court clerk in case you are not sure of something.
Serve the other parent
You will need to serve the other parent with papers, though you should not be the one to serve them. Find someone to serve the other parent with a copy of the papers alongside a blank Responsive Declaration to Request for Order before the court date. In case the court ordered for other documents to be given to the other parent, give them out as well. However, to clarify find out from your family lawyer if you must have your papers served in person or by mail.
File your Proof of Service
Your server should fill out a Proof of Personal Service form for you to file it in court. It should be filled correctly and reviewed to ensure that it’s properly filled.
If the court requires that you should attend mediation before going to court, do so. If you still cannot agree on the terms, then proceed with the court hearing carrying along all the papers and your Proof of Service. Some local courts might need both parents to go for orientation before mediation. Find out from the court clerk how to go about it.