Stays involving child custody

6.604(1) Application. A supersedeas bond filed pursuant to rule 6.601 will not stay an order, judgment, decree, or portion thereof affecting the custody of a child. Upon application in a pending appeal, the appellate court may, in its discretion, stay any district court order, judgment, decree, or portion thereof affecting the custody of a child and provide for the custody of the child during the pendency of the appeal. 6.604(2) Resistance. An application for a stay pending appeal of any order, judgment, or decree affecting the custody of a child may be resisted and will be ruled upon as provided in rule 6.1002, unless otherwise ordered. Pending consideration of the application for stay, the appellate court may immediately order a temporary stay pursuant to rule 6.1002(4). 6.604(3) Considerations in granting stay. The best interests of the child are the primary consideration in deciding whether to grant the application for a stay. The best interests of the child likewise are paramount in determining where to place custody of the child during the pendency of the appeal. Additional considerations include, but are not limited to, the following factors when they appear: a. The circumstances giving rise to the adjudication being appealed. b. The safety and protection of the child. c. The safety and protection of the community and the likelihood of serious violence. d. The need to quickly begin treatment or rehabilitation of the child. e. The likelihood of the child fleeing or being removed from the jurisdiction during the pendency of the appeal or not appearing at further court proceedings. f. The availability of custody placement alternatives. g. The child’s family ties, employment, school attendance, character, length of residence in the community, and juvenile court record. h. The likelihood of a reversal of the district court order, judgment, or decree on appeal. 6.604(4) Burden. The applicant seeking the stay order has the burden of showing that such a stay or alternative custody placement of the child pending appeal is in the child’s best interests. [Court Order October 31, 2008, effective January 1, 2009; November 18, 2016, effective March 1, 2017; September 29, 2023, effective April 1, 2024] Rules 6.605 to 6.700 Reserved. Ch 6, p.16 APPELLATE PROCEDURE December 2025 DIVISION VII FILING, SERVICE, AND FEES