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Custody

Leyes actualizadas al 5 de diciembre de 2024

Paso 5: Opciones si no está de acuerdo con la orden

If you disagree with the judge’s order, there are a couple of legal actions you would need to file right away, such as a motion for reconsideration or an appeal.

  • motion for reconsideration asks the judge to decide differently based on the law or new evidence.
  • An appeal moves the case to a higher court and asks that court to review the lower court’s decision due to a judge’s error.

Each state or territory has a set time limit to file these actions, usually ranging from 10 to 60 days. To know your case’s exact timeframe, you should ask a local attorney.

You might also be able to ask the judge to change your order in the future if there is a “substantial change of circumstances” after the case is decided. You can do this by filing a motion or petition to change (modify) the order. However, usually, this can only be filed under certain circumstances. Here are a few examples of events that might be considered substantial changes in circumstances:

  • The other parent gets sent to jail or charged with child abuse or neglect;
  • The other parent is not following the custody and visitation order; or
  • Your child’s needs change in a big way.