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Author Topic: So sad, is there anything my DH can do ?  (Read 1553 times)

stepmomof1

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So sad, is there anything my DH can do ?
« on: May 27, 2005, 09:29:52 PM »
DH had court hearing today over BM getting SD back after kicking her out and the Judge let SD come home with DH after court today but he has to take her home tomorrow.  SD is an emotional wreck.  She called her mom yesterday to let her know what 4 of her grades were from school and her mom said, "Congratulations, Bye." and hung up.  SD is not ready to go back.  The Guilt trips are making SD so mad and she is so nervous for tomorrow shes sick to her stomach.  I tend to believe this female judge may be a little bias. She has a daughter of her own  she kept comparing to SD. She told SD that she needs to talk to her mom and try to work it out before the hearing in July.  DH made SD wait  1 year to work it out with her before even seeing a Lawyer.
There are alot of things happening behind the scenes that SD has told the Judge about and she just dont seem to care.

1. In Ohio is there anyway we can get a different Judge? If not, and DH looses, if he decides to appeal, will he get a different Judge then?

Thanks again.



socrateaser

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RE: So sad, is there anything my DH can do ?
« Reply #1 on: May 26, 2005, 09:25:18 PM »
>1. In Ohio is there anyway we can get a different Judge?

You can file a motion for voluntary recusal (judge agrees to relinquish authority over the case), but, you'd better be convincing, because if the judge doesn't buy it, then you're still stuck with her, and she knows you think she's a jerk. Not a good place to be.

2. If not, and DH looses, if he decides to appeal, will he get a different Judge then?

Appeals go to appellate courts and there are different judges, but the issue is only whether the judge made an error of law or abused her discretion. Most appeals are losers, and they are always very expensive.

It's really all on the child. Did the court order an evaluation of some type?


stepmomof1

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RE: So sad, is there anything my DH can do ?
« Reply #2 on: May 26, 2005, 09:46:05 PM »
>
>It's really all on the child.

1.  Whats really all on the child?  


> Did the court order an evaluation of some type?

No, the judge just talked to SD in chambers.
 
2. Could my DH request an evaluation of some type?

3.  What types of evaluations are there?

4.  Is it to late to get one?

socrateaser

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RE: So sad, is there anything my DH can do ?
« Reply #3 on: May 26, 2005, 09:58:53 PM »
>>
>>It's really all on the child.
>
>1.  Whats really all on the child?  

It's really all about what the child "really" wants.

>> Did the court order an evaluation of some type?
>
>No, the judge just talked to SD in chambers.

Then the judge must have not found SD's testimony very persuasive, otherwise, she would have granted your DH temporary custody.

>
>2. Could my DH request an evaluation of some type?

My turn. What hearing is scheduled for July?

stepmomof1

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RE: So sad, is there anything my DH can do ?
« Reply #4 on: May 26, 2005, 10:06:48 PM »
>Then the judge must have not found SD's testimony very persuasive, >otherwise, she would have granted your DH temporary custody.

DH lawyer said she gave good reasons for wanting to be with her dad.  This is what make me think the judge may be bias.  SD walked out of chambers in tears.


>What hearing is scheduled for July?

The child custody hearing.  


socrateaser

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RE: So sad, is there anything my DH can do ?
« Reply #5 on: May 27, 2005, 05:17:55 AM »
>>What hearing is scheduled for July?
>
>The child custody hearing.  

Well, if you have a custody hearing in July, then that is when you would present evidence to support the change in residences. You can ask the court to appoint a custody evaluator and that person will consider both parents and their relationships with the child and make a report to the court. It's not cheap, but usuallly, judges order this sort of eval as a matter of routine, and I'm surprised yours has not.

Kent

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« Reply #6 on: May 27, 2005, 09:51:34 AM »
Absolutely ask for a custody evaluation, BUT DO request an evaluation done by a psychologist, and NOT by a guardian ad litum!

Psychologists are not much more expensive than a GAL, but most have a better view of what is going on.

Also: Make sure you have a good evaluator available when the judge asks for a suggestion.

Kent!

wendl

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RE: Just m5 $ 0.02
« Reply #7 on: May 28, 2005, 08:38:12 PM »
and MOST GALS don't have much training either, I would rather use a psychologist

Our GAL came over talked to DH, while she asked me to take the kids, so she didn't see the kids interact with DH or my child. Our GAL came to our house ONCE, she went to BMs a few times and watched BM interact with the kids, our GAL didn't investigate my husbands concerns or if she did it was 1/2 ass, would go into detail but that it s a long story. And we had to pay this lady for NOT doing crap over $1,500.

**These are my opinions, they are not legal advice**

 

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