The judge is pro dad and has custody of his children. The dad filed suit b/c he is mad I got remarried. And now he has our daughter.
What can I do now???
2007-08-20 04:05:52 · 12 answers · asked by artrenery 2 in Politics & Government ➔ Law & Ethics
Her father and I jointly decided to let her go to school with him last year and I had her every weekend. She, the child, wanted to try this. At the end of school year he filed motion stating change in circumstance, convinced the judge, and now he has her.
2007-08-20 05:19:24 · update #1
The ONLY thing I will answer is the appeal that everyone seems so intent upon advising. An appeal from the decision MUST be based on a mistake of law of provable bias and inpunity of the court so that it rises to the level of recusal.
You have not cited anything which rises to that level.
Therefore, NO ONE can advise you regarding the situation unless and until you return and answer the following questions:
1. where did this occur?
2. on what grounds did the judge award custody to the father?
BASED ON ADDITIONAL FACTS:
There WERE significant grounds to award him custody. You in fact, abandonned her in the eyes of the court by signing a personal agreement outside of the court's jurisdiction.
At this point, there is nothing to do. The judge ruled correctly based on the facts presented.
2007-08-20 05:08:47 · answer #1 · answered by hexeliebe 6 · 1⤊ 0⤋
So you got remarried.... that would normally imply more stability for your child mentally, familywise and financially. To change custody from the mother is usually time consuming and expensive. He would have to show a clear reason why the child is better off with him. Pro-Dad or not the judge has to have a reason because if he didn't he could have issues himself.
Plus there is the thing that you could easily appeal. His lawyer would advise him that if the case is not tight it could look bad for your ex on appeal. The judge will realize all of this so he must have seen a compelling reason.
You may have been honestly screwed and it happens. But it's all in the detail. If you want a really good answer (and not have people assume it is you.... which could be unfair) post the question again. With all of the details including the age of your daughter, how long you were with him, both of your jobs, etc.
2007-08-20 11:30:25 · answer #2 · answered by jackson 7 · 1⤊ 0⤋
The Judge always decides what is in the best interest of the child. As the child has now been with her Dad the majority of the time in a new school and established, it is no wonder he chose to move custody over to the father (and was the real reason you let her stay with her Dad to pursue your romance with your now husband because not having her around was more convenient? That is likely what the Judge thought).
You made the mistake of reliquinshing custody to the Dad the majority of the time and it is not reasonable that you now expect things to change.
You can hire an attorney to try to fight your battle in Court, but it is likely to be a long, hard, expensive road.
2007-08-20 12:50:43 · answer #3 · answered by bottleblondemama 7 · 0⤊ 0⤋
You can appeal the decision. Usually an appeal will be heard by a different judge.
It is rare the the legal system that custody is granted because the judge gives a preference to a litigant based upon personal values. A judge can be thrown off the bench for such decisions. Your husband has to prove beyond a reasonable doubt that he was better able to provide a stable home for you daughter.
At this point in tie however, your only option is to file an appeal.
2007-08-20 11:18:54 · answer #4 · answered by smedrik 7 · 3⤊ 0⤋
The usual standard used by courts is what is in the best interests of the child. There must be something (Which either you are intentionally not telling us or denying to yourself) that would have led the judge to determine that your daughter's best interests were served by being with her father. Perhaps there is something regarding your new marriage that contributed to that, perhaps not. But saying the judge is biased is a common complaint among people who don't like a judge's decision.
2007-08-20 11:34:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Ask your lawyer if there are grounds for appeal. What was your role in this? It usually takes some misconduct to change custody. How does your new spouse fit into it. Do the kids like him?
Might think about how to patch things up with the kids if that is in order.
2007-08-20 11:10:31 · answer #6 · answered by Anonymous · 3⤊ 0⤋
Remarrying generally strengthens a person's custody position.
Maybe you face up to why your daughter was removed from your custody you're obviously leaving a big part out of your above statement.
2007-08-20 11:14:22 · answer #7 · answered by dlil 4 · 1⤊ 0⤋
No one looses custody of their child simply because they re-marry or brecause the judge happens to have custody of his.
I suspect there was a lot more to this story than you are telling.
Did you marry a drug dealer or a child abuser?
2007-08-20 11:10:45 · answer #8 · answered by Anonymous · 4⤊ 0⤋
Talk to a lawyer, and file an appeal.
2007-08-20 11:14:24 · answer #9 · answered by Richard H 7 · 1⤊ 1⤋
Try to get another custody hearing with a different judge.
2007-08-20 11:13:40 · answer #10 · answered by Carlos 3 · 0⤊ 4⤋