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Main Forums => Father's Issues => Topic started by: Jarrod Stenger on Mar 21, 2006, 05:41:00 AM

Title: Frustrated with an appeal
Post by: Jarrod Stenger on Mar 21, 2006, 05:41:00 AM
I just found this web site, and i hope i get some good feed back.  My daughter is 3 and a half and lives with her mother less than two miles from me.  we have joint custody but she has residential custody.  My case is under appeal, however nothing has happened yet other than extentions and stall tactics from her attorney.
Her mother has a very unstable life going from boyfriend to boyfriend, no job, although she has lived in the same place for almost a year now this is not the norm.
I paid for the court to do a home study of both our holmes prior to the original hearing.  The court found and recommended, I be the custodial parent.  However, in court the judge ruled otherwise.  I pay child support every month, yet her mother continually uses my daughter against me and to her benifit always.  This is documented with the court.  How does the court system let this happen?
I have an attorney (the best I could afford) I don't think she is doing everything she could be.  However I am about 20 Thousand dollars into this now, I can't change mid stream.
Did i mention she has an older son , and his father has custody of him.  And she just had another baby even though she testified she could no longer have children????????
PLEASE HELP I can't be the only father in this situation!!!!!
Title: RE: Frustrated with an appeal
Post by: davisjames on Mar 21, 2006, 06:54:32 AM
Am I understanding correctly that this was the judge's ruling after an appeal and not the FOC's ruling?  If the FOC ruled this you can request a de novo hearing in from of the judge.  If the judge ruled this than appeal.  I never did understand why the court would order you to have an evaluation and then ignore it....
Title: RE: Frustrated with an appeal
Post by: Jarrod Stenger on Mar 21, 2006, 06:59:46 AM
The evaluation was ordered prior to the original custody hearing.  After the results were submitted to the court, they set the hearing date.  At the hearing we had the evauation, and I supeaned the investigator. She testified to the findings as well.  And the judge disreguarded it and her.
That is one of the points of the appeal at this time.