Bias Courts ??

[littlebitsad]

Ok heres my story, Father & Mother separated when child was 1 1/2 .. went to medeation and decided on 50/50 custody. child was with one parent or the other every other week..  After year they tryed again but no luck was separated again within 6 months ..They were divorced court gave 50/50 custody at that time because that was what they had decided through medeation..
Father remarries buys a home for now they have 3 kids (2 of hers & 1 of his)  Mother has had several relation shapes between this time but this last October she had a baby by new boyfriend.. And he lives hour and half away .. she goes to court to get custody changed..
(The child is now 7 years old.. Has lived here all his life , both sets grandparents live here also, and of course school and church..)
She tells court that she wants to move and take child with her to live with fiance.. Tells court that she is going to quit work and be a stay at home mother..
Judge says that it will continue to be 50/50 custody but awards mother primary cutodial parent.. Said father did not establish permentant envionment for child ( home , wife & siblings ).
They have appealed and panel has sent it to appeals court.. but in mean time child has had to be removed from his school ( last Jan) and now he will have to change again because his new school is closing its doors..
Get to see dad and family 2 weekend on even months and 3 on odd months and 6 weeks summer (at 2 week intervals)
Does dad have a chance on appeals??
How long does it usually take for appeals court to hear case ??

Thanks for any help

[Peanutsdad]

Without knowing WHY the judge ruled as he did, it's hard to predict. Was there a home study done? What was the result of it?

And whats with this "father did not establish a permanent environmet" thing? what was that based on?


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[littlebitsad]

No there was no home study thing done.. but father did document and brought pics of home and stuff like that & and also SM also testified..
Mother brought nothing & and boyfriend never testified.. ( So judge never saw what kind of home mother would be moving child to..

Judge said that the court finds & it is conceded that an established custodial environment exist post divorce with each party.  Neither party could produce clear and convincing evidence that their agreed-upon arrangement should be changed ( ? isn't it the responsibiltiy of the one that wants the change to prove that there should be a change ???)
Both parents have been diligent in their parenting duties.
No shared established custodial environment now exists & each parent seeks custody to provide the primary parenting focus during the school year.. The court believes a stable home will be provided by the mother & that she will be in the position to provid full-time care for child.. That is not to suggest that the stability of the father's home is any less, but his schedule requires grandparents to assist in childs care.. ( Father explained to court that child could get on bus in morning & get off bus after school but grandparent has been childs care giver since child was born to both himself & mother and that child and grandparent have developed a very special bond..) ( Also remeber now child will be having to ride a school bus back in forth with mother also )  
The court also believes in the sincerity of the mother that her moving will add quality to childs life. Thus, she should no be punished simply because she is the moving & destoying the shared custodial environment..

My feeling is that judge was already bias to mother and made his ruling for her from that bias..  Mother never proved that father was not a fit father..
childs teacher also testified that child was doing very good in school and that father attended all parent teacher meetings and father child special doings at school.
My feeling is judge awarded mother for quitting her job ( what happened to both parents providing for the child) ( can you see the court telling father ok you got a new child with another woman 75 mils away and you want to quit your job and take your child there and become a full time dad .. Then to top it all off FC say father you have to pay your part & mother part in CS because mother does not have an income..
I'm all for equal rights for women .. but if thats the case shouldn't it be equal in all areas.. ???

[Peanutsdad]

Yeah,, ya'll got dinged by a bias court. What state?

Essentially, this judge has said that the childs relationship with his mom and her bf is more important than his relationship with his dad.


Then to boot,, he penalized dad because mom QUIT working. Remind me to steer clear of that jurisdiction.

[littlebitsad]

That is my thinking..  but i wanted to here from unbias people..

Hopefully appeals court will be more reasonable..
Do you have any idea how long it usually takes for appeals court to here a case... hoping before summer ends so that if it is appealed child will be able to go back to his old school and not have to start a new school again..

This is a small district in Michigan and only have 2 family court judges in our county.. and have been here a long time... Old farts hate changes you know..