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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Can a child custody ruling be overturned?

Customer Question

can a child custody ruling be overturned?
Submitted: 6 years ago.
Category: Family Law
Expert:  Tina replied 6 years ago.
Is the ruling recent and entered by a CA court?
Customer: replied 6 years ago.
I believe so. we got the papers stating that the other party has custody and everything now we have to uproot the kids out of school and now have to be started in school where the other lives. can we overturn right after the desicion? the other party won everything and now the kids will haev to leave everything
Expert:  Tina replied 6 years ago.

I see.

A motion to set aside the order can be filed with the court if there was a lack of due process (failure to serve one of the parties properly) or other reason the court should reconsider the law and evidence.

Otherwise, an appeal is typically necessary to the state court of appeals. A notice of appeal would normally need to be filed with the trial court and an appellate attorney retained. This is often a complex, expensive, and sometimes lengthy course of action. If there are no reasonable grounds on which to base a motion to set aside or reconsider the order, then an appeal is typically the only course of action to reverse the ruling of a trial court.

Best regards,


Customer: replied 6 years ago.
Wait what if the other party had got a lawyer and we had no notice of such till too late to get one
Expert:  Tina replied 6 years ago.

That is not typically itself a valid reason for setting aside a court's order. However, if the party against whom the judgment was entered retains an attorney now, they are more likely to find some error in the record on which to base a motion or appeal since the party was originally unrepresented.

The state and local bar associations can provide attorney referrals.