Can the court cutoff a parent's rights to a kid if the divorce is on appeal?

Child Custody 4 views 3 answers
I want to cutoff the mother's rights to our kid because she fits some of the statutory grounds and has not followed the support order in any amount. But can the court have power to cutoff her rights while the appeals court is still reviewing the divorce, which includes the support order? I read somewhere that the court does not have jurisdiction while the appeals court has jurisdiction during appeal.

Attorney Answers

3
Elisse Woelfel ·
If you have an attorney who is handling your case you should advise him or her of your concerns. If you do not have an attorney you should consider hiring one to assist you with what sounds like a complicated matter. A court will will not "cutoff" someone's parental rights based solely on a failure to pay support. Best of luck to you!
0 upvotes
Charles Guidry ·
All of the trial court's issues are suspended until the final ruling by the appellate court.
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Courtney Miller ·
It depends, everything contained in the divorce decree is off limits to address while the appeal is on going, however, if there were emergency circumstances (unable to determine based off the facts- and child support being unpaid doesn't qualify) then you may be able to temporarily cease her ability to possess the children. I would advise that you speak with an attorney in order to guide you once fully apprised of the facts of the case.
0 upvotes

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