Appeals court

[razor]

I won residential custody and educational custody from my 7-year-olds mother when she unsuccessfully attempted to move to North Carolina from Missouri. It was a lengthy trial, and I simply told the truth and made sure that I was always in his life. Now he lives with me 98% of the time when he is not flying alone to see his mom every other weekend. She has appealed the trial courts judgement. The main facts of this are:

We outlined a final parenting plan that I saw the day before the trial, after already receiving the parenting plan from her attorney. We sent ours to her attorney and funny thing, the next morning before trial they show up with a new one EXACTLY like ours in regard to three things, I said I would give her all summer except for last two weeks, I said she could have spring break, and I said I would pay for 1/2 of all transportation. Well, I had no idea she would exploit the judges decision..."...on those occasions where she chooses to exercise custody in NC..." to flying him down there every other weekend. So, they have appealed based upon the weight of the evidence being that we both agreed to this parenting plan that was submitted, as the judge made his own parenting plan and totally ignored ours. My attorney said wee submitted more than I was actually willing to do because we wanted to look good to the judge.

The question is: Are judges forced to use submitted parenting plans, or do they have discretion to ignore them and make their own??

Her attorney filed a motion to modify the judgement on these facts and the judge did not even address it, he just said nothing was changing.

Do they really have a case to appeal this? Or are they simply hoping and wishing?

razor

[razor]

by the way, her attorney is now working for the FATHER FRIENDLY attorneys of Cordell and Cordell...what a bunch of hypocrites! They are a joke anyway, and have a horrible reputation among other attorneys in the St Louis metro area...

razor

[gemini3]

The question is: Are judges forced to use submitted parenting plans, or do they have discretion to ignore them and make their own??

A judge in family court can do just about anything they want.  (One of the problems with family court system.)  However, most judges will go with whatever plan the two parties have worked out - and only institute their own if the two can't agree.

Her attorney filed a motion to modify the judgement on these facts and the judge did not even address it, he just said nothing was changing.

Do they really have a case to appeal this? Or are they simply hoping and wishing?

Are they appealing the original judgement, or filing for a modification?  They are two seperate things.

[razor]

We had the trial, then they had an opportunity to file a motion to modify judgement.  The judge ignored the issues they brought up: 1) Judgement in general was incorrect, 2) Because both petitioner and respondent had the same parenting plan, that mother should get half of all trans costs flying child back and forth, and 3) Because father stated that he would in said parenting plan, that mother would get spring break and most of summer with child.

The judge did not address any of this issues, but did tighten up the wording for splitting summer.  Its like he read our parenting plans and just ignored them.

So, now they are appealing the exact same things.  I wonder, if the judge has full option to use or not use any parenting plan he sees fit, why they are appealing.  I have not seen their brief yet, but I am curious if they mention weight of evidence as a reason to overturn...(the fact that my attorney said we WOULD do all of that if we won.

Also, I have been through the ropes for 7 years or so, three divorces, two trials, several attorneys, and hve been in court about 60 times.  I could be used as a reference for anyone who needs advice.  Plus, I WON!!!

Don't use Cordell and Cordell, they are a joke!  And, the administrator of this site should ban C&C from advertising with the site.

[razor]

Gee, I can't believe I don't have more replies! I guess not alot of guys have gone to trial and then on to appeal. I'll look up the caselaw and let everyone know.

DON'T SETTLE!

Razor

[gemini3]

I'm not sure what questions you have.