How can you appeal a child custody decision?

You have to show that the trial court that made the child custody decision committed an appealable error.

Many people believe that an appeal of a trial court’s decision is a “second bite at the apple”-style situation, that if you simply don’t like the outcome of the trial, then you can “appeal” the decision and get the appellate court to “re-try” the case on disputed facts. That is not how an appeal works.

The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly (reference: Do appellate courts hear evidence? (

As for just how a trial court’s decision is appealed, that is a rather complicated process that few who are not attorneys (and attorneys either with experience in appellate practice or geniuses who have the time to learn appellate while working their full-time jobs) can undertake successfully.

You also need to know that there is very short time limit for filing an appeal, and that filing an appeal is very expensive (although in some jurisdictions certain kinds of appeals may, under certain circumstances, entitle a parent to the services of an appellate attorney free of charge, such as in termination of parental rights cases in the jurisdiction where I practice law (Utah)).

If you want to appeal a trial court’s decision, talk to an appellate practice attorney immediately.

Utah Family Law, LC | | 801-466-9277

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