Child-custody decisions can be appealed to the Illinois appellate court. In a dissolution (divorce) case, usually it can't be done immediately.
In a dissolution-of-marriage case the circuit court often decides custody months before the court divides the property and decides on child support and maintenance (we used to call it alimony). Until the circuit court makes all those other decisions, the custody decision usually can't be appealed. By then the children have been in the custody of the other parent for months. The appellate court may not want to change their home after such a long time.
But there is a way to appeal a custody decision without waiting for the circuit court to make all those other decisions. Illinois Supreme Court Rule 306(a)(5) says an appellate court can hear a custody appeal right away. The trial attorney and the client must be ready to do it before the custody trial, or else it probably won't be done.
Rule 306(a)(5) gives the parent the right to ask the appellate court for permission to appeal custody right away. It is important to understand that the appellate court can just say not now. The client has to understand that using Rule 306(a)(5) is unusual, it costs money and it may not work.
The reason the lawyer and his or her client have to think about Rule 306(a)(5) before the custody trial is that the petition to appeal must be filed in the appellate court within five business days of the custody decision. The supporting record is due in the same five business days. Five days to order the transcript, take delivery, put together the record, write the request and a legal brief and get it all filed.
Five days isn't much time. Before the custody hearing, the attorney and the client must decide if they will try to appeal right away if they lose custody. The lawyer has to tell the court reporter, before the hearing, that he might need the transcript right away.
Blood Law Office
1602 Vandalia Street
Collinsville, IL 62234-4459
Telephone: 618-345-4400 | Toll Free: 800-240-8132
Fax: 618-345-3299 | E-mail
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