Primary Physical Custody

[HelpingHands]

ProSe Trial ended with Joint custody(still) but with  Primary Physical Custody reversed and granted to Father out of State! Finally! Mom admitted in open court that she frequented poolhalls w/ minor and took the minor into the Bar in question, as well as giving other very damaging testimony. The GAL(guardian ad Litem) recommended the reversal of physical custody at the conclusion of the testimonies- through an oral report to the court.


1. Mother said she would appeal the decision, of course. What's the likelihood she would even find counsel to file an appeal on a case where the child is already enrolled in school out of state, the mother was found in contempt for violating the visitation orders and the court found a material change in circumstance?

2. In an appeals process, what happens? Does the entire case need to be reheard as if brand new, or does the appellant need to present legit evidence FIRST as to why the decision shouldn't have been granted to begin with?

Thank you!

[socrateaser]

>1. Mother said she would appeal the decision, of course.
>What's the likelihood she would even find counsel to file an
>appeal on a case where the child is already enrolled in school
>out of state, the mother was found in contempt for violating
>the visitation orders and the court found a material change in
>circumstance?

She won't appeal, once she discovers that it will cost her a fortune.

>
>2. In an appeals process, what happens? Does the entire case
>need to be reheard as if brand new, or does the appellant need
>to present legit evidence FIRST as to why the decision
>shouldn't have been granted to begin with?

No facts may be reconsidered on appeal. The appellate court reads the existing record of the case and considers the facts and law in the light most favorable to the party who prevailed at trial (father).

I wouldn't worry about it until the appeal actually happens.

[HelpingHands]

Thank you!