Phoenix, AZ asked in Family Law, Child Custody and Child Support for Arizona

Q: Is it better to file a motion to reconsider or an appeal with family? Also are the days counted M-F

There are two reasons I'm asking, cause I'm definitely going to try one of them. I've had my kids all of the first year of life and most of the time, up until the 26 of last month. Now I only get them the 1st 2nd and last weekend of the month. I had a dcs case open, based on incorrect information and they used that. Also father stated in Nov of 2021 that he would give up his rights to our son because he knew our didn't want to be with him. Also, dcs closed my case before the hearing, I provided info to show that I didn't have contact with an individual that was was mostly the reason why the order was made. Also wording in the ruling says "mother is currently not in the best interest" but didn't give a resolution for that. Meaning currently is fit, but doesn't specify one what I needed to do to fix it, because the ruling is based of everything I had show to fix the issue. Also CS is incorrect, they based it off of what the other party said and didn't review docs

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: You can file both. But I really don't recommend an appeal generally for a custody case. Appeals can take 9 to 15 months, and some even longer, and your remedy is a new trial. In the meantime, the current orders stay in place. By the time the appeal gets decided, you would be eligible to modify anyways. So an appeal really doesn't get you anywhere.

So a Motion to Reconsider or a Motion to Alter and Amend is probably you're better option. I strongly recommend consulting with an attorney before you file anything.

As for the days, the deadlines usually refer to calendar days, including weekends. The deadline for an Alter-Amend is 25 days from when the ruling came out, and for an appeal, the deadline is 30 days. That's provided that Court has resolved all issues or issued the ruling with Rule 78(b) language. Again, consult with an attorney on the deadlines.

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