Custody

If you disagree with the chancellor’s order, there are a couple of legal actions you could to file, such as a motion for reconsideration or an appeal.

• A motion for reconsideration asks the chancellor to decide differently based on the law or new evidence.
• An appeal moves the case to a higher court and asks that court to review the lower court’s decision due to a chancellor’s error.

If you decide to try one of these, you would likely need to file the paperwork right away. Each state has a set time limit to file these actions, usually ranging from 10 to 60 days. To know your case’s exact timeframe, you should ask an attorney in your state. 

You might also be able to ask the chancellor to change your order in the future if there is a “material change of circumstances” after the case is decided. You can do this by filing a motion or petition to change (modify) the order. However, this can usually only be filed under certain circumstances. Here are a few examples of events that might be considered material changes in circumstances:

• The other parent gets sent to jail or charged with child abuse or neglect;
• The other parent is not following the custody and visitation order; or
• Your child’s needs change in a big way.