Can I use new evidence in appeal to dispute custody granted by false service and allegations?

Question

I am appealing a final parenting plan where the opposing party falsely gained full custody of my child by default, despite our verified address in court and evidence showing he knew my real address. He made false CPS allegations without any basis, which were immediately dismissed, and used these in his court declaration. I want to dispute the trial court's failure to review these allegations thoroughly, which led to granting him custody, and contest previous contempts of court that were decided without my knowledge. Can the new evidence showing his actions be presented in the appeal process to challenge the custody and visitation order?

James L. Arrasmith · Answer

What you’re going through is incredibly frustrating, especially when it feels like the system didn’t protect your rights or your child’s best interests. In an appeal, the higher court usually reviews the trial court’s decisions based on what was already presented during the original case. That means new evidence typically can’t be introduced unless there’s a strong reason to send the case back to the trial court. 
 
However, if you can prove that the service was fraudulent or that you were denied due process, you may be able to file a motion to vacate the judgment rather than just appeal it. This kind of motion is filed with the same trial court and asks the judge to undo the ruling because it was based on false or improper circumstances. The false CPS reports and misuse of your address could support that kind of motion, especially if you were never properly notified of the hearings or allowed to defend yourself. 
 
You’re not powerless. If you gather everything—dismissed CPS records, proof of your correct address, and any communication showing he knew where you lived—you can ask the court to take a second look. It’s about showing that the judgment wasn’t just unfair, but that it was based on deception or a lack of proper notice. You deserve a fair chance to fight for your child, and the court should never allow someone to take custody through dishonesty.

Q: Can I use new evidence in appeal to dispute custody granted by false service and allegations?