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Main Forums => Custody Issues => Topic started by: dipper on Jan 26, 2018, 09:32:56 AM

Title: Meaning?
Post by: dipper on Jan 26, 2018, 09:32:56 AM
We just got a final order.   The mothers attorney signed with a statement that she objected as the points in this case do not merit special factors, there is not a rebuttal of parental presumption, and not in best interest of child.

What does this mean?  Should we expect she is appealing to Supreme court or paving the way to file in J&D?   No need in calling our attorney.  She doesn't reply and agreed to stuff that we were not even informed about.

We won, but I feel like I am walking on egg shells.  I cannot afford an attorney and frankly, do not trust any.
Title: Re: Meaning?
Post by: ocean on Jan 26, 2018, 03:52:21 PM
Not sure but prob just making her statement for future court dates (not necessarily that they will appeal or go to next level just that she does not agree with this new order).
Why did she have to sign??? Wasn't a judges order/decision? Weird, here we get decision and that is it, no one signs as it went to judge for a decision and not an agreement between the parties.
Also sounds that she will not appeal now as she prob should have written, do not agree and will be appealing to go to next court?"
My husband taught me (but took years for me to get), deal with what you have in front of you now. You won, as long as she is following new order who cares. Deal with the next blow when it happens, for now...enjoy life...cant always be about court.
Title: Re: Meaning?
Post by: dipper on Jan 26, 2018, 10:08:47 PM
Thank you Ocean.  I respect your opinion.  My husband has been telling me the same - in his own way.  It is time to simply live now - as if there is no threat of court.  Simply enjoy being a family. 

My lawyer did email me this afternoon - it has left me with another question.  She stated that the judge had remanded the case back to J&D court, but that is concluded now and we have the final order.  She said this order will carry much weight in any future hearings as long as we continue to work on including all family members.  While I want to know what the remand was about, I do feel this evening as a weight has been lifted and we are moving forward now. 
Title: Re: Meaning?
Post by: MixedBag on Jan 27, 2018, 09:20:24 AM
Sent back to the lower court for "reconsideration and review" and IMHO -- you're not done.

But yes, for now, you do have the upper hand because it was decided once before which is reflected in the signed order.

Why does her attorney feel the way she does?  Got any clues about that?  Or is she simply being a pain in the butt too.
Title: Re: Meaning?
Post by: dipper on Jan 28, 2018, 05:28:46 PM
Mixed bag, I know we are not finished.  I am expecting either a summons shortly or once my husband has transplant surgery. 

Our hearing was in circuit court.  I know the judge was not happy that after she took 9 weeks to rule it took another 5 to get an order.  To me, there should have been no negotiations.

In my opinion, their attorney could not believe she lost as this judge has been known to be pro-mom.   Her closing argument held lies, accusations from 40 years ago, and nothing substantial.  In fact, that is her tactic in court as well. 

Our attorney did not let us know of anything going on during this process.    I don't know why a judge who gave us custodybwould remand to a lower court. 

Our lawyer did say that our order will carry much weight in any future hearings and she does not see it ever changing.
Title: Re: Meaning?
Post by: MixedBag on Jan 29, 2018, 06:25:36 AM
I guess I was just trying to answer your question of "What does this mean?"