SPARC Forums

We were awarded custody in September and the mother appealed.  the appeal date is set for February (5 months after the initial decision).

In Virginia, an appeal is not a review of the original decision.  The appeal is to rehear the case in front of a higher court.  So from what I understand it's like we have to prove all over agian to the courts why they should change full custody from the mother to the father.

1. Since we have had the child for the last 5months (and a substantial amount of time even when she did have custody), will the courts look at him living with us being the status quo?



Also, she has been known to lie in court.  How much weight does the "he said she said"  carry with a judge? Or is it more about what you can actually prove happened?

>1. Since we have had the child for the last 5months (and a
>substantial amount of time even when she did have custody),
>will the courts look at him living with us being the status
>quo?

Yes.

>Also, she has been known to lie in court.  How much weight
>does the "he said she said"  carry with a judge? Or is it more
>about what you can actually prove happened?

He said - she said carries near zero weight, unless it's obvious  that someone is lying.