BM appealing judges decision (long)

[CNTD]

My first time posting here, please correct any errors I've made so I can post better next time. :)

I had been married 4 years in NM. My wife and I separated earlier this year, with the intention of having a break; once the separation occurred, it changed to a divorce. My wife moved to TX where her family was, and took our two toddlers with her. She agreed to allow very reasonable visitation with our shared children our separation/divorce/custody was reasonably amicable.

My wife and I had already started the divorce process once she and I agreed divorce was the option we agreed upon. Two months after starting the divorce proceedings, we reconciled for many reasons and have chosen to stay together. Upon reconciliation, I moved to TX to be with my wife and children that we shared together. She and I resided in Texas together for 5 months; we were both enrolled in college there.

Prior to me and my wife separating, I was reintegrating back into my first child's life, in NM. I had requested a break from visitation, so that BM could potty train my first child, who then was 3 yrs. old. After the break, BM manipulated my kindness and said that SD had forgotten me and a reintegration period was required.

Immediately after finding out that I had moved to TX, my first child's BM filed for sole custody; on the basis that I was unable to maintain a relationship with my child living in TX. At the hearing BM's hearing attorney tried to say that BM couldn't make decisions for SD because of the joint-custody. That BM and I were unable to communicate, the Judge was very adamant that he would not reward our lacking skills by awarding BM with sole custody of my first child.

BM has never called me regarding my first child. Not when she took her to the ER, not when she takes her to the doctor's office, nothing, and it was my understanding that was the premise of joint custody. BM had her attorney complaining about making decisions, because she's incapable of making decisions period, not because of sharing joint-custody with me. BM is heavily reliant on her parents; BM's mother is who makes the decisions for my first child, not BM.

At the hearing I was giving every other month, one overnight as well as telephone contact EOW. BM was not pleased about this, and sobbed copiously which she does at all hearings, the court psychologist identified this as part of BM's passive-aggressive manipulative behavior she uses to control people. BM's attorney said that she couldn't believe that the judge was awarding me an overnight, being that I have not had an overnight in 2 years.

The judge told her if she did not like his decision, that's what the appeals process was for. BM's attorney rambled on how my first child's psychologist was saying she was not yet ready for overnights, because she was wetting her pants at the prior supervised visitations by BM. The judge said it was his decision to grant the overnight, because the Court Clinic's recommendations had been to award physical custody to me.

It's my opinion that my first child was stressed about the visits because BM was there, supervising them, and making her anxious, having the two of us together. So... on to the questions.

1.   After BM's attorney sending us her notice of appeal (which she has done, filed one day shy of the 30 day cut off) what will happen next?

2.   Who will hear BM's appeal to the order?

3.   How long will the appeal process take, assuming they choose to lobby forward with it? (Now that I'm back in NM, being they're taking a high chance that I'll be awarded more parenting time, which BM does not want.

I have the order they are appealing, the notice of appeal, and the recording from the hearing (purchased from the courthouse). Let me know if you would like to view/listen to any of these.

[socrateaser]

>1.   After BM's attorney sending us her notice of appeal (which
>she has done, filed one day shy of the 30 day cut off) what
>will happen next?

What is the exact name of the court that this order is being appealed to, and what is the name of the court that the order is being appealed from (i.e., the caption at the top of the notice of appeal is the "from" court)?

If this is headed to the court of "appeals," then you will be served a brief on the merits upon which you will need to respond. However, unless your ex is made of money, this notice of appeal is just her attorney's way of placating her until she figures out that she can't afford the likely $10-20K necessary to appeal the case.

>2.   Who will hear BM's appeal to the order?

If the case is being appealed to the court of appeals, then it will be likely heard by a three court panel. But, based on your facts, and the fact that the clinic counselor wanted to give you custody, you could probably argue that the judge abused his discretion and that you should be entitled to sole custody. So, there's some clear risk in this appeal to the mother.

>3.   How long will the appeal process take, assuming they choose
>to lobby forward with it? (Now that I'm back in NM, being
>they're taking a high chance that I'll be awarded more
>parenting time, which BM does not want.

Six months, probably, assuming it actually happens, which I doubt.




>
>I have the order they are appealing, the notice of appeal, and
>the recording from the hearing (purchased from the
>courthouse). Let me know if you would like to view/listen to
>any of these.

[CNTD]

"What is the exact name of the court that this order is being appealed to, and what is the name of the court that the order is being appealed from (i.e., the caption at the top of the notice of appeal is the "from" court)?"

Second Judicial District Court is where the minute order is from, which is the order they are appealing. All we've gotten so far from them is the "notice of appeal," which was also headed with the Second Judicial District Court. I think that is just a requirement that they notify the judge that ordered it be notified of the appeal as well as the other parties involved.

I really think that BM will pull out of the appeal; however I think that she's manipulated her attorney into doing some of the work if not all of it pro bono. She is either doing some work pro bono, or BM is getting help funding this hasty case.

I'm not sure if I said before, the Clinical Psychologist identified with the MMPI-2 (also administered to myself and my wife) that BM was passive-aggressive on her approach to situations. As well as using her emotions (crying/lying) to manipulate and control other people and was heavily reliant on her parents for decision making.

In my opinion this appeal whether she intends to go through with it or not, only solidifies in my mind, and it should too with the court that she is attempting to completely annihilate me from my child's life.

[socrateaser]

.