Sole Custody Question

[notnew]

You are the Dad and you got sole custody? In VA? That is GREAT!

I am not sure about that. I think that if she appeals, then she has to present a valid reason as to why the court ruled in error. I wouldn't think that this would require you to present your case all over again.

What are her grounds for appeal?

Perhaps there is someone on here who has experience in this arena. However, I read appelate (sp.?) cases posted on the net quite often and have looked at VA cases too and I have always seen that appeals leave the burden to prove why the decision was flawed on the person who files the appeal.

Wow, I am still just in shock and awe over your victory. JMHO - but if you were awarded sole custody, there must be something about the opposition that made them thing it was the best decision.

Do you have an attorney? You should recommend him/her to be listed on this site. There are way too few competent attorneys in the field to represent fathers in this arena.

[MixedBag]

Pendelite hearings are "temporary" custody hearings.

So, IMHO, YES this father has to be prepared to start from scratch.

[notnew]

Yes, I was aware that pendente-lite are temporary in nature. The appeals may not run the same type of requirements, I am not sure.

I know that basically anything and everything happens in these types of situations, but if he was granted sole as a temp basis, then wouldn't you think they would not reverse that on a "temp" basis being that the full custody trial is upcoming?

I dunno. I guess it would be best for him to be prepared just in case. It's better then not.

I believe you would have more of a knowledge base in this then I do so I would definetly go with your take on it!

[greatdad]

Yes. I understand in Va, it is rare to get sole custody and that is why the thought of NCP trying to overturn it before final judgement is counter intuitive to the whole basis for the Pendente Lite hearing, which NCP petitioned for to begin with !!

From reading here, it was my impression that if NCP tried to change Pendente decision at final, NCP would have to demonstrate substantial changes. BUT, I am getting mixed messages now about exactly what to expect at the final hearing IE: while I understand both sides get to present evidence....is it evidence pertaining to new and allegedly substantially "changed" circumstances  alleged by NCP ( of which things are only improved for CP) OR is it an entire new proceeding as if Pendente Lite was never issued ?.
This is what makes no sense (if true) as , why would the Circuit Court devote a 2 hour hearing to Pendente, award sole custody, and then disregard it's own reasoning in doing so? Clearly since Pendente the NCP would have so much time to try and "cure" or "shade" what they now know to be damaging, prior evidence losed timely meaning as CP has concentrated on the children and not NCP and their issues.
In essence, except for children thriving and being stable and happy, only the anger and vengence of NCP has grown and festered into many frivolous legal actions and false allegations ( proven to be false).
If anyone has actual experience with sole custody ,pendente lite/final hearings where NCP has tried to reverse, please tell me the mechanics of it so I can deal with it.
Thanks !

[MixedBag]

Just remember that every situation and every judge may deal with it slightly differently.

See, if a Dad comes to these boards and says that sole temporary custody was awarded to mom, the advice would be "fight like hell"

So the true advice becomes gender neutral....

I believe you should expect a fight and be prepared to defend the decision made in the first hearing.

[janM]

I think you should at least get a consult with a local attorney. Most will do it free or at low cost.

[gemini3]

If you're comfortable, can you tell me what district you're in and who your attorney is?  What about the name of the judge?  We are in VA and need all the help we can get.  Thank you!

[greatdad]

That is not my question. I know it will always be a battle ( unfortunetly, not my choice though!). I know every Judge has his or her quirks. My issue really is not gender based, it is proceduraly based.
Is it all new evidence in going from Pendente to Final if it is challanged, or is it only NEW evidence of SUBSTANTIAL change from the Pendente ruling that the court allows?

I am trying to get as specific an answer as possible, I understand the "general possibilities". Thanks all.

[greatdad]

Wouldn't it be reasonable to presume that if the NCP (from Pendente Lite up until the  final which is coming soon) tries to get custody or visitation modified or  reversed that the court would recognize that they already took all evidence at the time of Pendente into account in making that decision?
 NCP originally took kids and went out of state now kids have to travel 600 miles and 10 to 11 hours in a car  R/T EOW. Anyone think this is too much travel for a 2 and 5 yr old? Any suggestions ?

[Mamacass]

Not sure what a Pendente Lite is, but we are in VA and my DH won full custody of SS (physical and legal) in September.  We  are still awaiting the appeal.  It's been continued once, and we're still waiting for BM's attorney to contact oursto set a date.  We're in no hurry as SS is living with us and thriving under the current order.  However, our attorney told us that it appeals to the circuit court and they hear the entire case like it was never heard the first time.  From what I understand, Virginia's appeal process for custody cases is different than most states.

Again not sure what pendente is, so I'm not sure if it works the same way, but if it's like an appeal, I would assume that they will hear the whole case again.  

Keep in mind, if it was bad enough for you to get the kids to start with, and they are thriving while living with you now, there is no reason for the judge to change anything.  Good luck!