Part of the court proceedings involved in a Florida divorce is the determination of which parent will have custody of any children from the marriage. When the court makes its decision, it allows you and your spouse to make a prior agreement for joint custody. If you and your spouse cannot agree on joint custody, then the court will make its decision based on criteria regarding the child’s health, wellbeing and best interests, and this may result in custody being awarded to only one parent.
If you have a dispute with the decision made by the court regarding the custody of your child, you must provide evidence to demonstrate that the custody with the other parent is not in the child’s best interests and that your child would be better off in your care. At this point, there is an appeals process that you must follow.
Expediting the appeals process
The Second District Court of Appeal can expedite your appeal for child custody or visitation rights. In order to have your appeal considered for this, you must provide a notice to this court entitled “Notice of Custody or Visitation Issue.” Be prepared with your appellate case number, as you will also need to include that in your notice to the court.
It is important that you adhere to the deadline. You must file your notice within ten days of the initial court’s decision regarding the custody of your child.
This informative article is meant to help you understand the process for expediting child custody appeals, and should not be taken as legal advice.