Can we appeal our child custody legal agreement? 20 Answers as of May 03, 2011

If two sides come to an agreement and a document is signed, is it possible to file an appeal and take the matter back to court?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
When a parenting plan agreement is approved by the Court, any appeal to the Court of Appeals would have to made no later than 45 days after that approval. Generally, when there is an agreement there is nothing to be appealed, so the literal answer to your question is probably "no". But, if you mean can the agreement be changed in the future the answer is yes, if there is a change of circumstances that justifies modification, the parties themselves or the Court can make appropriate changes. While an agreed parenting plan is not absolutely binding on the Court, modification will generally require much more than a simple change of heart.
Answer Applies to: Colorado
Replied: 5/3/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
In Oregon, the proper mechanism to "appeal" or change a child custody or parenting time agreement is to file what is called a modification. If both parties agree, you can file a stipulated modification of child custody. It is probably wise to consult with an attorney in your area and determine the proper procedures and get some assistance with the paperwork.
Answer Applies to: Oregon
Replied: 5/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
The time to appeal is 30 days from the date the Judge signs the order. If you are inside this time frame, yes you can appeal but a more likely and easier option is to request a new trial, jointly ask to set the Judgement/Order aside and present a new order with the changes.
Answer Applies to: Texas
Replied: 5/2/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You can always modify any agreement and take the matter before a Judge. You would need to file a supplemental petition to modify if the agreement has been signed by a Judge and ordered by the Court. Please contact me at 904-685-1200 to discuss your options further.
Answer Applies to: Florida
Replied: 4/29/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
You can file a motion to modify, or you could appeal if it has been less than 42 days from the order. Stay well.
Answer Applies to: Alabama
Replied: 4/29/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If you both agree, and it is in the best interest of the child it is POSSIBLE to go back into court. However, I would definitely consult an attorney first ..to protect your rights. I encourage you to contact our office or an attorney to sit down for a free consultation before you make any legal moves concerning the welfare of your children.
    Answer Applies to: Illinois
    Replied: 4/29/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    No, you cannot appeal your agreement. However, custody and visitation are generally left to the jurisdiction of the court. If there is a change in circumstances you can petition the court to modify the custody arrangement.
    Answer Applies to: California
    Replied: 4/29/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You can only file an appeal within a very short period of time after the judgment. You can seek to modify a custody arrangement at any time if there is a substantial enough reason centered around the child's best interest.
    Answer Applies to: Connecticut
    Replied: 4/29/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    No, if by agreement the appeals court is a waste of time and money.
    Answer Applies to: Tennessee
    Replied: 4/29/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, custody can always be brought back to court with a complaint for modification. You must be able to state a change in circumstances that warrants the change.
    Answer Applies to: Massachusetts
    Replied: 4/29/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, but only if there was a misunderstanding or lack of meeting of the minds between the two parties to the agreement. Or if either party has failed to abide by the agreement. Then you can go back to court, rather than appeal. Good luck.
    Answer Applies to: New York
    Replied: 4/29/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you can request a modification of custody/visitation. However, if you recently entered into a stipulation and order, there must be a valid reason or "changed circumstances" to warrant such modification. It is preferable to establish some consistency regarding custody/visitation. Continually changing the terms is not preferable, and is only done so by a court when it would be beneficial to the child.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Yes. Child custody is always subject to modification upon a change in circumstances.
    Answer Applies to: California
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the agreement was the result of a mutual compromise and it was memorialized as a court order, an appeal of the agreement is unlikely to be successful barring rather extreme circumstances such as fraud.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You may be able to ask the Judge to change it, if there is good reasons for that.

    Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 4/29/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You can't "appeal" the agreement, but you can certainly take the matter back to court to have it modified. There will have to be a showing of a "material change in circumstances" to warrant the modification.
    Answer Applies to: Massachusetts
    Replied: 4/29/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can't appeal a Stipulated Judgment, but under certain circumstances and within specified time limits, you can file and serve a motion to set it aside the Judgment or part of the Judgment.

    if you entered that Stipulated Judgment under duress, you must bring a motion to set aside that agreement based on duress within two years of entry of Judgment.

    If you entered that Stipulated Judgment by mistake of law or fact, you must bring a motion on that ground within one year of entry of Judgment.

    However, the Stipulated Judgment may not be set aside simply because it was inequitable when made, i.e., "cold feet" are not grounds to set aside a Judgment,
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file a request to modify custody and visitation. It is not an appeal. Please note, however, that if the order is recent and you agreed to it, your chances of success are probably low. That said, if you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    It depends on what the facts are concerning the agreement, most agreements in family law can be changed based on change of circumstances. You need a family law attorney to assist you.
    Answer Applies to: California
    Replied: 4/29/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney