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What Happens When a Child Custody Decision Must Be Appealed

A child hugs her father during a divorce hearing.

Appealing a Child Custody Case in South Carolina

Not all court decisions in a child custody case are what a parent had in mind. While some cases leave room for discussion, other decisions are rigid and go against what one of the parents wanted. When this happens, the parent may feel left out and want to appeal the court’s ruling. There are ways to do this. Let’s take a detailed look at what parents in this situation can do. 

Court of Appeals

The ruling is challenged in the South Carolina Court of Appeals. The parent filing the appeal has 30 days to do it. It can be filed on the merits of the case, although temporary orders are not able to be appealed. The appeals court will review the decisions based on child custody. If the case is won, the original decision will be reversed. The case can also be sent back to the original family court along with instructions. Your South Carolina family law attorney will be by your side throughout the appeals process. 

What Happens in the South Carolina Appeals Court

The first thing the court will do is to review the custody case. This is done with an eye to errors made during the original hearings. The errors can be in legal decisions associated with the case or in determining the pertinent facts. This review is broad-based and not as limited as others in personal injury law. The Court of Appeals that handles the appellate cases is located in Columbia, South Carolina. 

Where Do You Start?

The first thing you need to do is obtain the legal insight a family law attorney can provide. This should be done as soon as possible after you receive the initial ruling by the court. The reason for this is that the statute of limitations or the deadline within which you must file the appeal is limited to 30 days. Whether you are challenging an appeal made by a spouse or appealing the initial decision, the Morris Law Firm is here to help.

Meet Our Lawyers and Get Started

Once you call our firm, we will set up a time to review your case. The review will be comprehensive, and any documentation you have is welcome. We will discuss the pros and the cons of appealing the decision and any other things you need to know upfront. Once this is done, we can move on.

What Documentation We Need

We need to familiarize ourselves with every aspect of your case, so the following documentation will be ordered:

  • The transcript of the case
  • The case court file 
  • If we are not your initial attorney, we will also request parts of the trial transcript he or she holds

We need to discuss the potential changes our client wants and incorporate them into our brief, which we ultimately file with the Court of Appeals.

Responding to Our Case

The defendant will respond to the issues we file. We respond to this as a formal reply brief. The final casework will be submitted to The Court of Appeals, which will review it. Once the review is done, the appellate court, made up of three judges, may ask for oral arguments. 

Once this phase is completed, the appellate court will address their concerns and rule on the case. If needed, the appellate decision can be brought before the South Carolina Supreme Court for review. 

Family Law Attorneys Myrtle Beach

At Morris Law, we know that custody issues are important to our clients. We take all steps to ensure that the decisions are in the best interests of the child. Call us at our Myrtle Beach and Murrells Inlet location for all of your family law concerns at (843) 232-0944 to begin. We are always here for you. If you wish, you can reach out to us online.

MORRIS LAW FIRM - MYRTLE BEACH OFFICE

4589 Oleander Drive, Suite B
Myrtle Beach, SC 29577
(843) 232-0944

MORRIS LAW FIRM - MURRELLS OFFICE
11054 SC-707
Murrells Inlet, SC 29576
(843) 232-0944

Call us now for a FREE consultation!