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What can you do if you lose all custody of your child?

There are few feelings more heartbreaking than fighting for custody of your child in Michigan courts and losing. Rather than face the prospect of never being part of your child's growth and development, do you have options to fight and possibly overturn a judgment denying you custody or visitation rights?

According to the Michigan Court of Appeals, you have the right to file a claim of appeal within 42 days of the case decision for a criminal case, and within 21 days for a civil case. First you must determine if you have a right to appeal by reviewing the requirements for appeal in the court that handed down the decision. If you are within your rights to appeal, initiating is a simple matter of submitting the appropriate paperwork within the designated period of time, including the official claim of appeal form and a copy of the judgment you are appealing.

If, however, you do not have the right to appeal, you must submit an application requesting leave to appeal. This only happens if you are initially determined as unfit for the requirements to appeal in a case involving criminal decisions or termination of parental rights. Upon requesting leave to appeal, you must wait for approval before submitting your claim of appeal. All necessary documents, including paperwork and transcripts obtained from lower courts, must be served by hand to involved parties.

The information in this article is provided as a reference only, and does not constitute legal advice or recommendations admissible in court.

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Bebout, Potere, Cox & Bennion, P.C.
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Rochester, MI 48307

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