How Often Are Child Custody Appeals Won in Nevada?
If you’re considering an appeal to fight for your child’s future, the experienced Nevada family law attorneys at Mills & Anderson can help. We understand the complexities of child custody appeals and are dedicated to achieving the best outcome for you and your child. Call or contact us online today to discuss your options.
Understanding Child Custody Appeals
Before diving in, it’s important to understand what a child custody appeal is and what the court process entails. A child custody appeal happens when one parent disagrees with the judge’s decision about custody arrangements and asks a higher court to review the case. The higher court will then look at the original case and decide if the judge made any mistakes in following the law or considering the evidence.
Appeal Outcomes: No Mistakes Found
If the appellate court finds no mistakes in the original judge’s decision and believes the “best interests of the child” were considered, the original custody agreement will remain in place. In this scenario, the appealing parent may have limited options. You may be able to ask a higher court to review the appellate court’s decision. But once you exhaust your appeal options, the decision will stand.
However, custody cases are unique in that final decisions can often be modified based on a change of circumstances. If you can prove that there has been a significant change of circumstances since the custody order was entered (e.g., a parent’s relocation or a child’s changing needs), you can file a motion to modify the order. Discussing your specific situation with an attorney can help you decide whether a modification may be an option in your case.
Appeal Outcomes: Mistakes Found
If the appellate court finds that the original judge made a mistake in applying the law or considering the evidence, they may order a new hearing on the custody issue or order the lower court to correct its error. Alternatively, they might modify the original custody agreement themselves based on the legal error.
However, It’s important to note that not all mistakes will lead to a successful appeal. The errors must be significant and demonstrably impact the original decision. Minor errors or disagreements with the judge’s judgment on what’s best for the child won’t be enough to overturn the original decision. The appellate court reviews the lower court’s decisions regarding the child’s best interest using an “abuse of discretion” standard. This means that, as long as the lower court correctly applied the law and there was some evidence to support the lower court’s decision, the appellate court will not overturn the lower court’s determination.
Factors Affecting Appeal Success
So what makes a child custody appeal more likely to succeed? Here are a few important things to consider:
- Legal or procedural errors. Did the judge make a mistake in applying the law or following court procedures? As discussed above, appeals are more likely to win if a clear error of law was made that impacted the original decision.
- Judge ignored evidence or didn’t explain their decision. Judges have to consider all the evidence presented to them and must generally provide some explanation of their decision. If the appellate court can’t tell how the judge reached their decision or the decision is obviously contrary to the evidence, you are more likely to prevail on appeal.
- Focus on facts, not emotions. Appeals must focus on legal arguments, not emotions or personal attacks. A well-presented appeal with clear arguments has a better chance of success.
- Clearly identify the judge’s error rather than rearguing the case. Appellate courts owe a lot of deference to lower court judges’ assessment of the facts in a case. To prevail on appeal, you need to show how the judge made a legal error, ignored evidence, or failed to adequately explain their decision—if you just make the same arguments you made to the family court judge, you won’t win your appeal.
- Follow all procedural requirements for filing your appeal. Appeals have strict procedural requirements and deadlines. If you wait too long to file your appeal or fail to comply with other appellate court rules, the appellate court may reject your case regardless of its merits.
Ultimately, prevailing on appeal depends on your ability to prove that the family court judge made a mistake. If there was no mistake, then even the strongest advocacy won’t result in a successful appeal. That’s why it’s important to consult with an appellate attorney to determine the strength of your case before moving forward. An attorney can also help ensure you meet all procedural requirements for a successful appeal.
Procedural Requirements for Appealing a Child Custody Decision in Nevada
The appeals process is intricate and involves several steps. Here’s what you need to know:
- Jurisdiction. Appeals for family court decisions in Nevada are filed with the Nevada Supreme Court, but the Supreme Court has the discretion to assign the case to the Court of Appeals.
- Deadline to file. The deadline to file a notice of appeal with the district court is generally 30 days from the date the parents receive written notice that a custody order was filed.
- Record and transcripts. The appellant (party appealing) has a duty to request transcripts of only the portions of the district court proceedings necessary to determine the appellate issues. When the notice of appeal is received by the district court, the district court clerk will send the supreme court clerk the record and, if requested by the appellant, a transcript of any proceedings in the district court.
- Briefs and oral arguments. Once the appeal is put on the docket, the court may elect to summarily dismiss it if there is a procedural or jurisdictional defect. If the appellant has followed the appeals procedure correctly, the court will order the parties to provide briefs to the court in support of their positions on appeal. Once briefing is received, the court may decide the case on the briefs or choose to hear oral arguments in addition to the written briefs.
- Court decision. The appellate court will issue a written decision, which may be published or unpublished. As explained above, the decision may dismiss the appeal, uphold the original order, modify or reverse the original order, or reverse and remand the case back to the lower court for further proceedings.
- Petition for review by the Nevada Supreme Court. If you disagree with a decision of the Court of Appeals, you may petition the Nevada Supreme Court to review the case. However, the Supreme Court is not obligated to hear your case.
- Petition for certiorari to U.S. Supreme Court. The U.S. Supreme Court has jurisdiction over all federal matters and, in some limited cases, can review state court decisions, including child custody cases that may implicate or involve protected constitutional rights. A petition for certiorari would allow you to request review of the Nevada Supreme Court decision.
The appeals process is complex and requires adherence to strict deadlines and procedures. Consulting with an experienced family law attorney in Nevada is highly recommended to navigate this process effectively. They can advise you on the validity of your appeal grounds and guide you through the filing process.
How Often Are Custody Appeals Won in Nevada?
It’s important to keep in mind that appeals aren’t a chance for a do-over. Even if the judge could have made a better decision or the appellate court disagrees with that decision, it does not necessarily mean you will win your appeal. Your appeal will succeed only if you can demonstrate that the judge made a legal error or failed to adequately consider the evidence. Because this is a high standard, winning an appeal can be an uphill battle.
Unfortunately, there’s no central source that tracks the exact success of child custody appeals in Nevada. However, some general information can help you understand the landscape.
Statistics on civil appeals in Nevada, including family law cases, show that a high percentage (around 80%) are affirmed (upheld) by the appellate court. The affirmance rate solely in family law cases is likely higher due to the deference the appellate court gives to the district court in making best interest child custody determinations.
Because of the difficulty of winning an appeal, it is generally not advisable to try to pursue one without an attorney. An attorney can advise you on the strength of your appeal and help you present the strongest case possible to the appellate court.
Act Now and Secure Your Child’s Future—Call Mills & Anderson
Remember, every child custody case is unique. Consulting with a qualified family law attorney can help you understand your specific situation, the likelihood of success on appeal, and the potential next steps. Our knowledgeable attorneys will thoroughly review and discuss your case with you, ensuring you are well-informed and prepared to make a decision.
Reach out to the experienced Nevada family law attorneys at Mills & Anderson today to ensure you have the best possible representation for your case. With a proven track record in handling complex family law matters, we are ready to stand by your side and fight for your rights.
Call or contact us online and take the first step toward securing a brighter future for you and your child.
