What Is The Next Step If A Child Custody Appeal Is Remanded In Arizona

If a child custody appeal is remanded in Arizona, it means the Court of Appeals has sent the case back to the trial court with specific instructions.
It’s not the end of the case — the trial judge still has to take further action before there’s a final custody order.

Here’s how it usually unfolds:

1. Wait for the Mandate

• The Court of Appeals issues a written opinion explaining why it remanded the case.

• After that, a mandate is sent to the Superior Court — usually 15–20 days later, unless someone files for reconsideration or Supreme Court review.

• The trial court can’t act until it receives this mandate.

2. Understand the Type of Remand

Remands can be narrow or broad, and the next step depends on the instructions:

1. Remand for Additional Findings

   • The trial judge re-reviews the existing evidence and writes more detailed findings, such as:

     • Addressing every best interests factor under A.R.S. § 25-403.

     • Explaining why one parent got more parenting time.

   • No new evidence is taken unless the mandate specifically allows it.

2. Remand for a New Hearing

   • The trial court must hold a new evidentiary hearing.

   • Both parents can present updated evidence and witnesses.

   • Common if the appellate court ruled the original hearing was unfair, evidence was wrongly excluded, or the judge misapplied the law.

3. Remand With Instructions to Enter a New Order

   • The trial court must issue a new custody order that follows the appellate court’s directions — sometimes without another hearing.

3. Trial Court Process After Remand

• Status Conference: The judge will usually schedule a meeting to clarify the scope of the remand and set timelines.

• Possible Mediation: Some Arizona counties require mediation before any new hearing.

• Hearing or Review: If new testimony is allowed, it will be scheduled like a trial. If not, the judge will work from the existing record.

• New Order Issued: The judge enters a new custody ruling consistent with the appellate court’s opinion.

4. During the Remand Period

• The current custody order (often the original one) usually stays in effect unless the trial court or appellate court issues temporary orders.

• If a long time has passed since the original trial, the judge may allow updates on the child’s situation — but only if the mandate permits.

5. After the New Order

• Either parent can appeal again if they believe the trial court still made legal errors.

• If significant life changes happen after the new order, you can file a modification request under A.R.S. § 25-411 — that’s a separate process from the appeal.

If You Want To Appeal Again What Are The Next Steps

If your child custody case in Arizona is remanded to the trial court and you’re still unhappy with the new decision after that process, you can appeal again — but you’re basically starting a new appeal from the fresh order.

Here’s how the next steps work:

1. Confirm You Have a New “Final” Order

• You can only appeal after the trial court enters a final judgment or order following the remand.

• Interim rulings (like a status conference order or scheduling order) are generally not appealable unless they meet the “special action” standard (rare in custody cases).

2. File a Notice of Appeal

• Deadline: 30 days from the date the clerk files the new custody order (Arizona Rules of Civil Appellate Procedure 9(a)).

• Where: File in the same Superior Court that issued the new order — they’ll forward it to the Court of Appeals.

• Missing this 30-day window almost always ends your right to appeal.

3. Prepare the Appeal Record

• The trial court clerk assembles:

  • Transcripts of the remand hearing(s).

  • All new exhibits.

  • The appellate court’s prior opinion (for context).

• You may need to order and pay for transcripts from any new testimony given during the remand.

4. Draft and File Your Briefs

• Process is similar to your first appeal:

  • Opening Brief — explains why the trial court’s new decision still has legal errors.

  • Answering Brief — filed by the other parent.

  • Reply Brief — your response to the answering brief.

• You can’t just re-argue issues the appellate court already decided — you have to focus on new legal or procedural mistakes made after the remand.

5. Possible Oral Argument

• The Court of Appeals may grant an oral argument if the case involves complex legal issues after remand.

• Like before, this is for legal discussion, not presenting new evidence.

6. Court of Appeals Decision

• They can:

  • Affirm the new ruling.

  • Reverse it again.

  • Remand it again for more work.

• If you lose, you can still petition the Arizona Supreme Court for review — though, as I mentioned earlier, that’s rare in custody cases.

7. Practical Tips

• Keep in mind: Custody law in Arizona gives trial judges broad discretion. The second appeal’s success rate is often lower unless there’s a clear legal violation.

• If circumstances change while the appeal is pending, you can still file a modification request in the trial court — but that’s a separate track from the appeal.

Child Custody Lawyers In Scottsdale, AZ

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