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Messages - coxjj

#1
As I am getting your advice, I am also searching other sources and really need help netting this out:

First, it sounds like an appeal is a waste of time based on the win rates of only 10%.  Assuming there is no valid justification for the decision to allow the kids to move, would that improve my chances any?

If I go ahead and send a letter stating I am appealing and request that they can't move until the appeal proceedings are over, and then I get the "findings of fact and conclusions of law"  completed and decide that it is not worth pursing the appeal, can I stop the appeal or am I locked into following through with it?

Regardless of anything else, I really need to understand the judges reasons for this ruling, can I do the "findings of fact and conclusions of law" without doing anything else?  

Let's net this out, if I am understanding all of this correctly, it seems that once they move, it is basically over for me, if I don't appeal, there is really no recourse unless something drastic happens with the kids and they are in physical danger, and if I appeal, there is a very slim chance of me winning?  Am I missing anything?  Is there any hope for a father who not only want to fight for what is right for the kids but also maintain a presence in the children's life?
#2
One question you asked earlier that I did not answer regarding how my lawyer responded to this ruling.  He said he did not agree with the judges ruling and did not understand why he wen that way.  In addition, prior to the judgement, the lawyer told me that the judge normally does not rule in favor of moving the children.

I am not a perfect father or perfect husband but I am not physically abusive, mentally abusive, I don't abuse drugs or alcohol, I am financially responsible, everything I do, I do for my families best interest.  She decided to give up on the family and now the children and I are paying for it.  There is nothing to support this ruling that is obvious to me.   We were all completely blind sided by this.

Also, this was my second lawyer as the first one basically laid the ground for this to happen in my opinion.  My current lawyer does not do appeals and I really need someone who will fight for my rights and give me advise I can work with.  

I don't want to put the children through additional unnecessary stress over this if I really don't have a chance to make a difference.  I am fighting for the best interest of my children, there are other factors here that I could right pages on but bottom line it is all circumstantial and would be hard to prove in court without putting my children right in the middle of it.

These kids love their father, they don't want to move, they are already showing signs of distress (physical and emotional) and I feel helpless in trying to protect them.

How do I go about filing a "findings of fact and conclusions of law," as you suggested - does this require a lawyer?
How long does this take?
Do I do this before the appeal or as a part of the appeal?

Do you have any advice on where I can get a lawyer that specializes in custody appeals?  I am willing to spend the money if I have a chance to make a difference.
#3
Thanks, this is helpful.
It has only been a week since the judge provided his ruling.  
The mother has not yet moved with the kids.  She is ordered to stay unitl the end of the school year however, my daughter said the movers are scheudled to come on the 14th.  I am not sure what month but knowing my X, I wouldn't be suprised it is was next week.  

Would a temporay restraining order hold her here unitl the date the judge ruled?  This would buy me a little more time to figure out what I need to do.

What if she moves before the date in the court order?
#4
Court::  Ellis County Texas
Issue:  Wife filed for no-fault divorce which I did not support.  The Judge ruled and split the property (heavy on her side but I can live with it), gave her primary custody and allowed her to leave the state (800 miles away - Indiana).  Based on the hearing, I saw no justification for allowing her to leave the state with my children.  Her only justification was that she needed emotional support from her mother, she has been in Texas over 20 years and has frequent visits from her parents now.

I get one visitation per month, with one month in the summer.  She pays 6 months of travel, I pay the other - very costly.  Very stressful on the kids.  I feel I will be alienated from the children.

What are my options to fight the move order and keep the children in Texas?
If I can't get that overturned, who then has jurisdiction if she does not hold up the order on visitation - I know she can't afford the travel expenses?
Can one or both of the children elect to live with their father, ages 8 and 13?
If so, what is the process for this?
Obviously expenses are an issue as she is running me dry, what can I do on my own and what do I need a lawyer for and how do I find a lawyer that specializes on what I need?
#5
Father's Issues / Mother moving out of State
Feb 08, 2006, 07:41:03 PM
I would like to know why a judge thinks it is in my childrens best interest to allow the mother to move out of state with my children? I am considering an appeal, but the process looks very expensive and lengthy. How can the judge be so insensitive? There is no justification for what he did.