Although a ruling against a party in a child custody case in a state court may be a substantial blow to an individual's chances at gaining custody, there may still be other options available to them. Massachusetts readers may have followed the recent child custody battle between music star Usher and his ex-wife. Now that a judge has awarded custody to Usher, the mother has indicated she intends to appeal what she sees as a baffling decision.
The family court judge ruled in favor of the father and granted him custody of his two children. The mother, who had already recently endured the tragic loss of her 11-year-old son, has raised questions about the propriety of the court's ruling. She has questioned the ruling and others are trying to understand the reasons why she lost the litigation.
In the case, the mother argued that Usher was never around to care for the children. She also alleged that he had used drugs in their presence. Meanwhile, Usher made arguments that the mother had not provided proper care for the children and was inattentive to their needs.
A child custody order in Massachusetts or elsewhere is intended to reflect the best interests of the children involved. While a court's determination concerning those issues is typically accorded great weight, an appellate court may on occasion determine that discretion was abused or another judicial error was made. Further, child custody orders are by their nature fluid, and are always subject to reconsideration based upon a substantial change in circumstances. It remains to be seen if Usher's ex-wife will pursue an appeal in this matter or what will happen should she choose to do so.
Source: The Christian Post, "Tameka Foster Appeals Child Custody Ruling; Why Did Usher Raymond Win?," Benge Nsenduluka, Aug. 27, 2012