If the judge makes a custody and visitation order I don’t agree with, what can I do?
There are a couple of legal steps that can be taken immediately after the judge makes the order if your situation fits the circumstances explained below:
- A 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.
There could also be an option that you may take in the future, but not immediately after the judge makes the order. A motion or petition to change (modify) the order is a legal request that could be filed if, later on, a “substantial change of circumstances” happens. A few examples of substantial changes of circumstances could be if the other parent gets sent to jail, gets charged with child abuse or neglect, moves to another state, or if your child’s needs significantly change.
Learn more about these options in our After a Decision is Issued section. To find out how the process works in your area and to get advice for your specific situation, contact a local lawyer. Go to our WV Finding a Lawyer page for legal referrals.