– from Christina C. in Erin, WI

Question Details:

My husband and I had a court date set for a final decision on custody. I did not make it as I was unavailable (although I previously agreed to the original hearing date). The judge awarded custody to my husband and I do not agree with the final decision. Can I appeal this?

Family Law Attorney Response:

Thank you for your question. Unless you made a motion to have the court date moved, it does not seem you have a strong argument to appeal the custody judgement.

In Poncek v. Poncek, 121 Wis.2d 191, 358 N.W.2d 539 (Ct. App. 1984), the appellate court decided that once you agree to a court date and fail to file for a continuance for a different day, then you must show up to court. If you fail to, then you are subject to the courts ruling and will not be able to appeal.

If you have any more questions, feel free to give me a call.

Dan Exner, J.D.

Family Law Attorney

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