Judges biased decision

[jcompz]

My ex decided to up and leave one day while I was at work, taking our children without my knowledge or consent, about 2,000 miles away from home. I went and filed custody papers to bring them home and the judge (who is a mother of 5 and just became a Judge in Jan) flat out said that she was not going to take away the children from the mother who carried them in her belly for 9 months no matter what proof I had about her mental instability. I have texts, recordings, photos, etc.. as proof to back up my case, and it seems that this judge just doesn't give a darn. I have an attorney, and he said it's basically a losing battle and I should just take what I can get, which will likely be a couple weeks during the summer and every other Christmas and Easter.

They were in school here, all of their close family and friends are here, everything they know is here. The only thing they have there is a mother that they see an hour a day at most and a grandmother who is so unstable that their mother ran away from her when she was a teen! I don't know what to do...

[brwneyedmom]

There will be more people posting during the week, so don't lose heart if you don't hear a reply right away. I don't have experience with this, other than reading of others' experiences. You might want to go ahead and post how long ago this happened, which states are involved, and the ages of your children.
Because neither of the parents had a custody order, technically, either one can take them. Morally, NOT AT ALL.
Some of the other wiser parents here will be able to help you with the right paperwork to get an emergency custody order and to have this judge overturned. Hopefully.
Best of luck to you. While you wait, read some of the archived articles. They are fantastic and will give you a background on what you have to do to make things more right again.

[jcompz]

Court is in Mississippi. Kids are in Ohio, ages 3 1/2 and 2. And she moved in June, first hearing was 2 months ago, final hearing is on Wednesday...

[brwneyedmom]

It's late but you need a new attorney. Your lawyer is not fighting for you. There are ways to force the children back to MS until court is over. You're right about the courts there. I grew up there and know it's mommy biased. There are ways around that though, and some of our long- time members can steer you in the right direction.

[ocean]

I agree, lawyer just filed regular paperwork and not sure if  you can undo that now. Lawyer should of filed emergency temporary custody with a restraining order to keep kids in home school. Family court does not have common sense. Not really sure what you can do now.... maybe go sit in the family court waiting area and find a no nonsense lawyer. Watch, and ask around. Go get a second opinion but really you will need a lawyer that will go against what the first one did.
Have you seen kids since then?

[jcompz]

We filed the emergency temporary paperwork, and that's when she said "she carried them in her belly for 9 months, I'm not going to take them away from her now". She gave me 2 weeks worth of visitation from July til November.

[tigger]

she said "she carried them in her belly for 9 months, I'm not going to take them away from her now".

I question the logic and sound judgement of any judge who doesn't even know where the mother carried the babies.  Babies are generally carried in the womb . . . not the belly.  And just because she has the capacity to carry a child to term, it doesn't automatically follow that she's capable of raising that child for 18 years to become a fully functioning, healthy, self-sustaining adult.  An incubator can bring a chicken egg to the point of hatching and even help out the little chicks but that same incubator would kill that chick if not removed before becoming a full grown chicken.

[brwneyedmom]

Excellent logic, Tigger! I'm a farm girl and got it right away.

[Davy]

Hmmm !  I'm an ole farm boy and might suggest the judge is also from the farm but only saw a sow poppin out those piglets. 

[Kitty C.]

Being an Iowa farmer's daughter, I agree wholeheartedly!  Love the analogy, tigger!