I won my case, now found out BM is appealing

[dadinva2006]

Hello,
I am a father who won custody of my 4 year old daughter 3 weeks ago (primary residential and joint legal). I wrote to you before my trial several times over the past year. Needless to say I am overjoyed with the results! I just found out BM appealed the ruling. Our trial was heard in the Juvenile and Domestic Relations court, so I was told by my attorney that the appeal would be a whole new trial, essentially a "do-over" in the Circuit Court. My daughter is with me now under the court order and is enrolled in preschool.
I am very nervous about this because I had an excellent judge last time, very unbiased who went strictly by the best-interest of the child standard her in VA. I am worried what if I am not as lucky next time. I am $22,000 in the whole from the first trial and have no idea how I will afford an appeal.
1. Do you have any idea how successful these types of appeals are?
2. In our court order it says both parties are entitled to daily phone contact with the child when she is not in their care. BM has not picked up her phone or allowed me to speak to our daughter once since court when she is with her every other weekend. I have our daughter call her every single day. Is this contempt of court by her not allowing me to speak with our daughter?
3. Since our daughter will have been at my home for several months (I am assuming the trial wouldn't be for awhile), would whis help my chances of winning again as well?

[socrateaser]

>1. Do you have any idea how successful these types of appeals
>are?

Depends. VA is a screwed up jurisdiction because of this multiple trial court level deal that it has. Most of the time, both parents run out of dough, and the appeal never gets to trial. But, if one parent has access to deep pockets, that could wear down the other parent and you could end up having to settle the case to end the bleeding.

Your attorney is a better source for an answer to this question, because it's his/her court, and he/she's has far better info.

>2. In our court order it says both parties are entitled to
>daily phone contact with the child when she is not in their
>care. BM has not picked up her phone or allowed me to speak to
>our daughter once since court when she is with her every other
>weekend. I have our daughter call her every single day. Is
>this contempt of court by her not allowing me to speak with
>our daughter?

Yes, if you can prove it beyond reasonable doubt (difficult). I wouldn't get all bent about the loss of two days every other week, unless when the child comes back she is starting to say bad things about you. In which case, I would ask the court to order supervised visitation on grounds that the other parent is placing the child in severe distress.

>3. Since our daughter will have been at my home for several
>months (I am assuming the trial wouldn't be for awhile), would
>whis help my chances of winning again as well?

It improves your status quo as the primary caretaker, assuming you're doing a great job (and you should see that you are).

Take lots of video of the child leading an ordinary life -- a happy child in a stable environment is the best protection from a change in custody.

[dadinva2006]

I am very worried about the money issue because BM doesn't have any major bills to pay. She lives rent-free at her boyfriend's house and I beleive her boyfriend and mom help her out financially. I have rent to pay and daycare expenses for 2 children, not to mention all this debt from first trial.
1. Would there be any way that a judge would order her to pay my attorney fees at the pre-trial hearing?

[socrateaser]

>I am very worried about the money issue because BM doesn't
>have any major bills to pay. She lives rent-free at her
>boyfriend's house and I beleive her boyfriend and mom help her
>out financially. I have rent to pay and daycare expenses for 2
>children, not to mention all this debt from first trial.
>1. Would there be any way that a judge would order her to pay
>my attorney fees at the pre-trial hearing?

Not a chance. You can only get attorney fees as part of a final judgment/order, unless you are in a pending divorce -- then the court may order some of the marital assets to be used for attorney fees.

Attorney fees are based upon the judge's VERY broad discretion to weigh the respective parties' need and ability to pay. So, if you are in great need and your opponent has a great ability to pay, then it's a slam dunk. Otherwise, it's a crap shoot, although if you prevail and you have custody, that carries a load of weight.

But, it won't help you right now. Your only choice is to pony up the dough now, or borrow it, and then try to get it back later.

Just don't count those eggs until they're hatched.