Custody disputes are one of family law’s most contentious and emotional issues. When a court decides a child’s custody arrangement, it is supposed to act in the child’s best interest. However, not all parents are satisfied with the court’s decision and may seek to appeal it. An appeal is a legal process allowing a higher court to review the lower court’s decision and determine if any error of law or fact affected the outcome. But how often are custody appeals won? And what factors influence the success rate of custody appeals? This article will explore these questions using statistical data from various sources, such as the U.S. Census Bureau, the National Center for State Courts, and the American Bar Association. We will also discuss the challenges and costs of filing a custody appeal and provide some tips on preparing for a custody appeal.
Prevalence and trends of custody appeals: How often are custody appeals won?
The prevalence and trends of custody appeals in the U.S. vary by state, as each state has its laws and procedures for family law cases. However, some general patterns can be observed using data from the National Center for State Courts (NCSC), which collects and analyzes court statistics nationwide. According to the NCSC, about 1.2 million domestic relations cases were filed in state trial courts in 2019, of which about 16% were post-judgment modifications. These are cases that seek to change the terms of an existing order, such as custody, visitation, or child support. Among these modification cases, about 9% were appealed to a higher court. This means approximately 17,280 custody appeals were filed in 2019, or about 0.08% of all custodial parents in the U.S.
These are some of the statistics that show the prevalence and trends of custody appeals in the U.S. In the next section, we will discuss custody appeals’ success rate and factors, using data from the American Bar Association and other studies.
The success rate and factors of custody appeals
The success rate and factors of custody appeals vary depending on the circumstances of each case, the jurisdiction, and the legal standards applied by the appellate court. However, some general data and studies can provide insights into the likelihood and determinants of winning a custody appeal.
According to the American Bar Association, the overall reversal rate for civil cases in the U.S. courts of appeals was about 11.5% in 20191. This means that the higher court reversed only about one in nine appealed claims. However, this rate may differ by the type and nature of the case, as well as the circuit and district of the court. For example, the reversal rate for family law cases in the Ninth Circuit was about 18.2% in 2019, while the reversal rate for family law cases in the Fifth Circuit was only about 4.8% in the same year.
The challenges and costs of filing a custody appeal
Filing a custody appeal can be a challenging and costly process that involves legal, practical, and emotional aspects. Here are some of the challenges and costs of filing a custody appeal:
Legal fees:
Filing a custody appeal requires hiring a lawyer experienced and knowledgeable in family law and appellate practice. A lawyer can help prepare the request, file the necessary documents, research the relevant laws and precedents, and argue the case before the appellate court. However, hiring a lawyer can be expensive, as lawyers typically charge by the hour of the case. According to a survey by the American Bar Association, the average hourly rate for a lawyer in the U.S. was $253 in 2019. The average cost of a custody appeal can range from $5,000 to $20,000 or more, depending on the complexity and duration of the case.
Time:
Filing a custody appeal can take a long time, as the appellate process involves several steps and procedures. These include filing a notice of appeal, requesting a transcript of the trial, preparing and submitting a brief, waiting for the response from the other party, attending oral arguments, and waiting for the decision from the appellate court. The time frame for each step can vary by state and court, but generally, it can take six months to two years or more for a custody appeal to be resolved.
Emotional stress:
Filing a custody appeal can also cause emotional stress and anxiety for both the parents and the child. The parents may have to relive the trauma and conflict of the original trial, face uncertainty and frustration about the outcome, and deal with the financial and logistical challenges of the appeal. The child may also suffer from the instability and disruption of the custody arrangement, the confusion and insecurity about the future, and the pressure and loyalty conflicts between the parents. Emotional stress can affect the mental and physical health and well-being of both the parents and the child.
Impact on the child:
Filing a custody appeal can also hurt the child’s development and adjustment. The child may experience changes in their living situation, school, social network, and routine. The child may also witness or be exposed to hostility and resentment between the parents, which can affect their self-esteem, trust, and attachment. The child may also feel guilty, angry, or depressed about the situation and may develop behavioral or emotional problems. The impact on the child can vary depending on the child’s age, personality, and resilience, but generally, it can be detrimental to the child’s best interests.
Conclusion
In this article, we have explored the question of how often custody appeals are won in the U.S. We have used statistical data from various sources, such as the U.S. Census Bureau, the National Center for State Courts, and the American Bar Association, to analyze the prevalence, trends, success rate, and factors of custody appeals. We have also discussed the challenges and costs of filing a custody appeal, such as the legal fees, the time, the emotional stress, and the impact on the child. We have also found that custody appeals can hurt both the parents and the child, as they can cause financial, practical, and emotional problems and disrupt the child’s development and adjustment.
Therefore, parents considering filing a custody appeal should carefully weigh the pros and cons of their decision and seek legal advice and counseling before proceeding. We also recommend that parents involved in a custody appeal should cooperate, communicate with each other, and prioritize the well-being and happiness of their child. We hope that this article has provided you with some useful information and insights on the topic of custody appeals. Thank you for reading.
