Can we appeal our child custody legal agreement? - Child Custody Law Questions and Answers- LawQA.com

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Can we appeal our child custody legal agreement?

If two sides come to an agreement and a document is signed, is it possible to file an appeal and take the matter back to court?

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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When a parenting plan agreement is approved by the Court, any appeal to the Court of Appeals would have to made no later than 45 days after that approval. Generally, when there is an agreement there is nothing to be appealed, so the literal answer to your question is probably "no". But, if you mean can the agreement be changed in the future the answer is yes, if there is a change of circumstances that justifies modification, the parties themselves or the Court can make appropriate changes. While an agreed parenting plan is not absolutely binding on the Court, modification will generally require much more than a simple change of heart.

Answer Applies to: Colorado
Replied: 5/2/2011

Harris Law Firm
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In Oregon, the proper mechanism to "appeal" or change a child custody or parenting time agreement is to file what is called a modification. If both parties agree, you can file a stipulated modification of child custody. It is probably wise to consult with an attorney in your area and determine the proper procedures and get some assistance with the paperwork.

Answer Applies to: Oregon
Replied: 5/2/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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The time to appeal is 30 days from the date the Judge signs the order. If you are inside this time frame, yes you can appeal but a more likely and easier option is to request a new trial, jointly ask to set the Judgement/Order aside and present a new order with the changes.

Answer Applies to: Texas
Replied: 4/29/2011

Answer By David Goldman
Apple Law Firm PLLC
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You can always modify any agreement and take the matter before a Judge. You would need to file a supplemental petition to modify if the agreement has been signed by a Judge and ordered by the Court. Please contact me at 904-685-1200 to discuss your options further.

Answer Applies to: Florida
Replied: 4/29/2011

Michael Anthony Wing, P.C.
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You can file a motion to modify, or you could appeal if it has been less than 42 days from the order. Stay well.

Answer Applies to: Alabama
Replied: 4/29/2011

Answer By Tina Fox
Fox Law Firm LLC
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If you both agree, and it is in the best interest of the child it is POSSIBLE to go back into court. However, I would definitely consult an attorney first ..to protect your rights. I encourage you to contact our office or an attorney to sit down for a free consultation before you make any legal moves concerning the welfare of your children.

Answer Applies to: Illinois
Replied: 4/29/2011

Answer By John C. Volz
Law Office of John C. Volz
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No, you cannot appeal your agreement. However, custody and visitation are generally left to the jurisdiction of the court. If there is a change in circumstances you can petition the court to modify the custody arrangement.

Answer Applies to: California
Replied: 4/29/2011

Cody and Gonillo, LLP
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You can only file an appeal within a very short period of time after the judgment. You can seek to modify a custody arrangement at any time if there is a substantial enough reason centered around the child's best interest.

Answer Applies to: Connecticut
Replied: 4/29/2011

William C. Gosnell, Attorney at Law
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No, if by agreement the appeals court is a waste of time and money.

Answer Applies to: Tennessee
Replied: 4/28/2011

Answer By Kelly Broadbent
Kelly A. Broadbent, Esq.
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In Massachusetts, custody can always be brought back to court with a complaint for modification. You must be able to state a change in circumstances that warrants the change.

Answer Applies to: Massachusetts
Replied: 4/28/2011

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