Child Custody on Appeal in Washington, how do I win?

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When a parenting plan is up on appeal like mine is and I can show where fraud had a major influence in the deciding factors of who gets custody of the children would I also illustrate that in the appellate's brief if the case was consolidated under numerous case numbers, but it is the case number that the parenting plan was entered under that I am appealing? This was a unified family court case. In Washington State. How would I get a new trial? How would I be able to present new evidence? How would I win an appeal? Can I get the parenting plan revised while on appeal and which court would I get it revised at if I can the Appeals court or the Superior Court?

Attorney Answer

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Elizabeth Powell ·
Hello: The appeals court is not a place where you can present new evidence. The question the appeals court is considering is whether or not the trial court made an adequate record of the decision it reached. Family law cases, bottom line, turn on the trial court's impression of the credibility of the parties. Appeals courts are loathe to overturn trial courts, and will pretty much do everything they can to uphold the trial court. I know this isn't what you wanted to hear, but this is the way it is. Elizabeth Powell
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