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How to appeal a Temporary Custody order Form: What You Should Know

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Video instructions and help with filling out and completing How to appeal a Temporary Custody order

Instructions and Help about How to appeal a Temporary Custody order

Hi, it's Wendy Hernandez, attorney and creator of "Command the Courtroom." As you head into trial for your hearing, not only should you be worried about what you are talking to your trial judge about, but also about the court's involvement down the road. Hopefully, in your case, you will get a result that you are happy with or that you can at least live with. However, if you find yourself with a result that you are not happy with or that is not in the best interest of your children, you may need to appeal. The appeals court will consider many factors, but one important aspect they will look at are the objections made during your trial. When you make objections, you are preserving the record. This way, when you go to the appeals court, you can point out the mistakes made by the trial judge. For example, if you asked the trial judge to do something and they didn't, or if the other party asked for something and the trial judge granted it. However, if the court of appeals does not have your objection on record, meaning you did not express your objection in the courtroom or file a motion with the trial judge before the trial, they will not have anything to consider. In legal terms, this means you have waived your objections and have not properly preserved the record. In summary, when you present your trial, it is important to preserve the record in case you need to go to a higher court in the future. This means objecting when necessary and stating to the judge what your evidence would show if allowed. If the judge makes a decision not to allow your evidence, it is important to make a record of your objection.