Isn’t it a same that what the judge ordered came back in your favor and yet he wouldn’t change custody. This is unreal!!! I don’t know if you can appeal, call an attorney, this is really expensive. Ask your attorney which way you should go, appeal or another court hearing. You may have to wait for another court hearing something about how many times you can request for change of custody.
Our case from the beginning to end was 3 judges, go figure. Two years before the final custody hearing was even done. We are still waiting for final papers on custody and visitation (8months). In September it will be 3 years since our case began, it took the first judge 3 months to rule on the temp hearing. It’s been downhill since.
Ask your attorney about filing a judicial complaint, but that may hurt you when you have to go back to that court for anything else.
Yes we thought BEST INTEREST OF THE CHILDREN was the main point for any custody case, but it’s not. For the time being keep your life in order, so your ex can’t bring anything up, document everything and anyone who can and will testify for you.
Good Luck
Just wondering, what county is your case in?
Thank You
Yes you can appeal, but you must do so quickly. You should be aware that is is extremely hard to win a case on appeal regarding custody, you would have to show that the judge abused their discretion. It will be an uphill battle but I wish you and your children the best of luck.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
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Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have a question about appeals. I lost custody two years ago - I am the mother - I had no attorney, I could not afford one at the time and I lost horribly (especially since I was living with my then boyfriend - now my husband and this Judge HATES cohabitation)
Well, now we had, per the Judges request, a custody evaluation and psych evals. The custody evaluator couldn’t of been more for us. My eval was gleaming. The Judge had every reason in the world to change custody, but didn’t. He told my attny that our case is premature. The father will “hang himself” and they will eventually be returned to my custody, but just not now…any other Judge in the world would have switched. Can I appeal this? Is it fair that every piece of evidence we have, from psychologists, pointing that the children should be with their mother was not considered enough? I thought it was “in the best interest of the children”??
Thanks for any responses on what we can do. I have been told that our Judge is the problem, he does not like to admit he was wrong. I need to get around him another Judge would definately see things differently.