February 24, 2021

Can a custody agreement be overturned?

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Custody disputes are a terrible time for everyone involved. Not only do you face the stress of having to fight to see your children, but you also suffer knowing that you are putting them through an extremely difficult time. There will be times in child custody cases where the outcome doesn’t go your way or you feel that they missed something important. Does this mean that you are stuck in a poor custody agreement for the rest of your life? Fortunately, the answer to that question is no. Custody agreements can be overturned, but you have to give the courts a reason to review and overturn the decision. Here is what you have to understand about custody agreements and how you can go about overturning them.

Hire a Lawyer To Help Build A Case

When it comes to fighting for child custody, you do not want to be representing yourself. You are so emotionally involved in the matter that you cannot think straight or focus properly. It is always recommended that you hire a lawyer when you are going to be undertaking a serious court issue. What are the benefits of hiring a lawyer?

The first is that they will give you proper representation in regards to the court case and will help you collect all of the documents together. These are professionals who understand how to speak with elected officials and how to go about collecting evidence and other documents in a proper manner. Would you know all the proper procedures if you went about things by yourself?

The next major reason to hire a lawyer is that they can help you understand child custody laws and appeal eligibility in the state that you live in. Each state has different laws regarding custody agreements and when you can appeal them. For example, if you moved from New York state to Illinois, the laws surrounding the issue would be much different in your new state. You don’t have to worry though as you can find Illinois child custody lawyers to help you out with your case. You will find that there are plenty of small intricacies that differ between states that the lawyers will help you to understand. Hiring a lawyer should be one of the first major things that you do if you are planning to dispute a custody agreement.

What Custody Agreements Can be Appealed?

The next thing you have to look at regarding a custody agreement is whether or not it can even be appealed. In terms of custody, there are two major types of agreements and this will help you determine if it can be appealed or not.

A Final or Complete Custody Order

A custody order that is now final or complete, is one that has been settled by the courts and a statement has been made and enacted. There are no more court dates and a final decision has been made. You might think that you cannot appeal this anymore, but this is the type of custody agreement that can be disputed. When you choose to dispute a custody order, it is taken to a higher level of court for it to be examined.

Temporary Or Non-Complete Custody Orders

These types of custody orders are ones that are ongoing with the court system. While there might be a few orders in place to protect the child, the order has not been settled yet and a decision has not been reached by the court and the two parties. This agreement cannot be appealed as it is still in progress. If you have any evidence to show them, it can be done so at the next court date. If you want to appeal current orders, you must wait until the custody dispute is complete.

Understand The Limitations in Overturning a Custody Order

If you are extremely set on disputing a custody agreement, you have to understand what you are getting into. As mentioned above, if disputed, the case will be taken to a higher court and be examined by officials there. In these disputes, the court is always looking out for the best interests of the child and will ensure that the decisions they make keep that in mind.

With a dispute, you are not allowed to introduce any new witnesses or testimony into the case. The court works with the transcripts from the lower court along with a briefing given by either you or your representative. If you have chosen a lawyer to represent you, you will not even be present for the dispute.

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What does this mean if you plan on appealing your custody agreement? It means that you have to feel there was some injustice within the court itself or evidence that was presented was not viewed correctly. They will not look at anything new so you have to believe that your previous evidence is enough to overturn the case. The only time a custody agreement could be drastically changed with new evidence is if there were serious safety issues involved that would jeopardize the child. Other than that, there is nothing that you can do.

Be Prepared for a Long Battle

When you appeal your custody agreement, this is not something that is settled in a short period of time. The courts take the safety of a child very seriously and therefore will closely examine everything presented to decide what is best for them. A long legal battle also means you will incur a lot of expenses along the way. If you do believe that you have a shot of winning and overturning an appeal, make sure you have the money to back it up. It is a long road, so make sure you are prepared for it and everything that will be thrown at you.

Hopefully, you have gained some basic knowledge into how a custody agreement can be overturned and how you can go about doing so. The biggest tip to you would be to hire a lawyer to help out. They might be expensive, but they will give you the best shot at overturning the case. After this is all over, take whatever time you need to decompress emotionally. It truly is a tough time for everyone.

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