Legal Question in Family Law in Michigan
Custody Appeals Process
Recently my husband file for an emergency motion to change custody (my step son was living with his mother). However due to a change in circumstance our emergency motion was granted on 6-18-02. How many days does the other party (the mother)have to appeal the judges decision to grant my husband full permanent custody of his son and she also filed a motion to deny the emergency motion to change custody. How can she do that when the motion was already heard and the judge decided on it in our favor. What she filed doesn't have anything to do with an appeal or does it?
1 Answer from Attorneys
Re: Custody Appeals Process
What she did was basically ask for a rehearing. Oral argument is not granted on such a request. Call the judge's clerk to confirm that you will not have to appear. Otherwise, you had better show up. Appeals must be filed within 21 days after entry of an order.