We won

[lookinnomore]

HI!  If you remember we live in Virginia and have custody of his two boys.  We are unmarried ( you said they wouldn't approve).

We won against the BM, she got joint custody which we weren't opposed to, we kept physical custody.

1) she is filing for an appeal so the rumor has it.  Do you automatically get an appeal or do you have to show reason for it?

2) Does that mean another trial like this one with a GAL and a home study and the court room?

Thanks for all your help, and for the record the judge lectured him for 15 minutes about living in "sin" for 7 years.  How could he in good faith live like this in a house with 5 kids, his and mine.

[socrateaser]

>1) she is filing for an appeal so the rumor has it.  Do you
>automatically get an appeal or do you have to show reason for
>it?

You have the right to an appeal, however the appeals court views the trial judge's decision in the light most favorable to the appellee (you). And, generally appeals in custody decisions are reviewed for an abuse of discretion, which means that the appellate court will try to determine whether the trial court judge's decision was unreasonable under any set of circumstances. This is a very tough burden for an appellant to overcome, so I doubt that the other parent will prevail. Also, an appeal will run at least $10,000 in attorney fees per side, so I seriously doubt that the mother will follow through, unless she's awash in greenbacks.

>
>2) Does that mean another trial like this one with a GAL and a
>home study and the court room?

No, many appeals are decided without any hearing, and if there is a hearing it will likely be held in a completely different court, in front of a three judge panel. No new facts will be permitted -- the court will only consider whether or not the trial court ruled correctly based on the facts presented in the official court transcripts.

>Thanks for all your help, and for the record the judge
>lectured him for 15 minutes about living in "sin" for 7 years.
> How could he in good faith live like this in a house with 5
>kids, his and mine.

LOL! Told ya!