Child Custody

[sevenout77]

What is the name of your state? Florida

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My boyfriend and I had a child together, after we separted, I had custody and he had visitation. On one of his visitation, he took our child. He told the courts that my new boyfriend was abusing the child and so was I. A parent cordinator was brought in and the Trial Court Judge awared custody be given to my ex boyfriend, and I had to have supervised visitation. I appealed the case and won in the 2nd district court of appeals. The appeals court said that the judge misused his power of authority and awarded temporary custody to my ex based on heresay and on the parent cordinator completly believing the dad, but never finding any factual evidence that our child was abused by me. This was in June of 2004. In July the Trial court judge still refused to have my custody returned to me and a had a court order drawn up in July stating that I was able to have 3 supervised visits a week, with a counsolor present with my child and had to under go cousling for 60 day. The trial court judge didn't even sign the Court order until September. It is now February, and I still do not have Custody of my son. How can the trial judge, even thought the appelate court overturned his custody decision, still not be granting me custody of our child? And the appelate court ordered my ex to pay my legal fees, which he has never done? I payed my first attorney and the appelate attorney a lot of money and now am pro bono. I can't afford another attorney and my trial attorney isn't returning my calls/

My simple question is how can a trial judge ignore the appelate court's decision to return full custody to me?

 

[rmet4nzkx]

Have you been utilizing your supervised visitation?
Have you completed your court ordered counseling?

 

[sevenout77]

yes, but the appelate court order the trial court to return custody of my son to me, and that I didn't have to do any counseling or anything. There was NO evidence that my son was ever abused. It was a story that my ex made up just to make my life hell. And the appelate court ruled in my favor. How can a the trial judge, even after the appelate court overturned his ruling, still not grand custody of my son to me?

 

[casa]

yes, but the appelate court order the trial court to return custody of my son to me, and that I didn't have to do any counseling or anything. There was NO evidence that my son was ever abused. It was a story that my ex made up just to make my life hell. And the appelate court ruled in my favor. How can a the trial judge, even after the appelate court overturned his ruling, still not grand custody of my son to me?

Continue to exercise your supervised visits- the child needs to continue to develop a bond with you.

It's not a bad idea to go into counseling- it shows you are cooperative with the UNcooperative original judge, and frankly, after having your child removed from your custody you could benefit from counseling. Just some words of advice.

Since the court ordered your X to pay your attorney's fees, contact that attorney and see if they are pursuing the matter. If he was ordered to pay the fees back to you, contact your court clerk and find out which forms you need to file in FL to enforce judgement.

On the most recent order- Does it specify a time-frame to return custody to you? Did the attorney give you a time-frame within to expect custody returned to you?

Keep calling your pro bono attorney and remember pro bono attorney's are often swamped. Frustrating, I'm sure, but you've made it this far so don't stop this close to the finish line.