Legal Question in Appeals and Writs in California

You question cannot be answered without providing further information.

Was the custody order that you appealed a temporary or final order? Only final custody orders are appealable.

What do you mean by the divorce "becoming final"? Do you mean that a judgment was entered or that your marital status changed from married to unmarried? If you mean that the judgment was entered, did that judgment affect the custody status? If so, you must appeal from the judgment if you want to challenge the custody decision.

Finally, if for some reason the custody order is not appealable and is dismissed, you can file a new Notice of Appeal from the final judgment. But you would only have 60 days to do so from the mailing of notice of entry of that judgment. Thus you should not wait to see if the Court of Appeal dismisses your current appeal.

You might want to contact your local Superior Court or the Court of Appeal where your case is pending, and inquire as to whether it has a "pro per" or family law clinic where you can get more advice.