I'm not an attorney and this is not legal advice.
From what I've seen, an appellate court directly overturning a custody ruling is unusual.
Some time back I did a statistical analysis of Michigan Friend of the Court custody recommendations.
https://www.scribd.com/document/6169001/Analysis-of-Friend-of-the-Court-Custody-Recommendations
I saw major swings between counties.
More Republican counties were more likely to give dads custody and joint custody, whereas more Democratic counties were more likely to give moms custody.
Statistical differences in custody may harm the due process rights of parents and endanger the welfare of children.
Jurisdiction by jurisdiction changes in statistical custody also create racial disparities, as people of different races are not evenly distributed between jurisdictions.
Possible failure to respect:
"There is a fundamental right under the Fourteenth Amendment for a parent to oversee the care, custody, and control of a child."
Troxel v. Granville, 530 U.S. 57 (2000)
https://supreme.justia.com/cases/federal/us/530/57/
Possible basis for a federal class action lawsuit.
CIVIL RIGHTS CLASS ACTIONS:
A SINGULARLY EFFECTIVE TOOL TO COMBAT DISCRIMINATION*
For over 50 years, class actions have been among the most powerful tools to secure civil rights in America. Brown v. Board of Education, 1 which outlawed school segregation and set the stage for the entire civil rights movement, was a class action lawsuit. More recent examples include the case portrayed in the Hollywood movie “North Country,” based on the case Jenson v. Eveleth Mines and considered to be the first sexual harassment class action lawsuit.
CENTER FOR JUSTICE & DEMOCRACY
https://centerjd.org/system/files/CivilRightsClassActionsF.pdf
If I were you I would consider any biases I observe in your state.
A bit of trivia. After I published this report, the State of Michigan changed the laws so they would never have to publish a statistical summary again.
Tweet and gettr with me to seek justice:
Statistical differences in custody associated with political parties may harm the due process rights of parents and endanger the welfare of children. Look @OIGatHHS @HHSOCR @GOPHELP @CivilRights #mensrightsarehumanrights #FathersRights https://www.reddit.com/r/MensRights/comments/zqaeoc/a_dad_complained_that_the_appellate_court_in_a/
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[–]fathers-halve-ryghts -1 points0 points1 point (0 children) | Copy Link