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Angel176
Guest
Im going through a custody case. Went to court on August 17. Didnt like the judges decision. How long do i have to appeal the decision.
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Angel176
Guest
Hes giving custody to the father in 90 days if i dont find a nother place. The judge was also my sons grandmothers ex lawyer who turned judge a couple of monthes ago.tiffy said:
Whyte Noise
Senior Member
Apparently the judge thought that your living environment wasn't condusive to raising a child.
He/She gave you 90 days to find a new place. That's 3 months. Apparently he/she is giving you a chance to prove yourself. To prove that you're putting your child, (and having custody of your son) above your living arrangements.
If you're living with drunks/druggies.... find another place.
If you're living with a man.... leave or tell him he has to.
If you're living with relatives... find your own place.
Etc., etc., etc.
You have 3 months to do this. Not liking what a judge orders you to do is NOT a reason to appeal. In order to appeal there judge had to have erroneously applied the law to your case, commited appealable errors of law, etc. Take the 3 months you were given, and do as you were ordered. If you don't, you will lose custody of your child, per the judges own words.
He/She gave you 90 days to find a new place. That's 3 months. Apparently he/she is giving you a chance to prove yourself. To prove that you're putting your child, (and having custody of your son) above your living arrangements.
If you're living with drunks/druggies.... find another place.
If you're living with a man.... leave or tell him he has to.
If you're living with relatives... find your own place.
Etc., etc., etc.
You have 3 months to do this. Not liking what a judge orders you to do is NOT a reason to appeal. In order to appeal there judge had to have erroneously applied the law to your case, commited appealable errors of law, etc. Take the 3 months you were given, and do as you were ordered. If you don't, you will lose custody of your child, per the judges own words.
stealth2
Under the Radar Member
I agree that you may want to focus on making sure you have living conditions conducive to having your child with you. The judge has given you a huge opportunity here. If you were to give us some specifics as to what the problems he cited are, we might be able to help you brainstorm your way past them.
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Angel176
Guest
ok heres the thing they did a home inspection and found some water marks on the ceiling and supposely a lose board on the wall which is a child proof gate that was built in when the house was built. I raised my son for his entire life 8 years. His father took off to move to Las Vegas when he was 3. Just came back from there a year ago. Had no problems until i took him to enforcement court for childsupport(he owed 8,000 in back childsupport and wasnt paying recent childsupport).A day after is when he filed for custody plus ive been in this house for over a year and now he has a problam with it something is not right didnt even give me a chance to fix the watermarks thats not fair and he also stated that its not going to make a differance if i get a new place he still wants custody no matter what he told the judge!stealth2 said:
Big deal what he told the Judge . The Judge gave you plenty of time to move,which indicates the Judge is leaning toward letting you retain physical Custody as long as building and housing codes are up to par.
( Health and Safety issues ).
You should have called in a complaint to the city for code violations against the landlord if you rent . If it was a immediate danger they would have not let you live there . If it's not an immediate danger the Code officer would note the violations and a time by which the landlord had to fix them.
If you can't find another place immediately, you may still want to make a complaint :
Then depending on the findings :
If the place is not habitable , you can seek Emergency help in moving from the Salvation Army, Volunteers of America,churches, and maybe even Public Assistance.
If the place is still habitable and not a life threating health and Safety danger , this also would be noted in the report.
Request a copy of the report, and show it the the Agencies that might help you, or the Court.
But by all means if you can find a nice up to code Apt , move , and show proof .
( Health and Safety issues ).
You should have called in a complaint to the city for code violations against the landlord if you rent . If it was a immediate danger they would have not let you live there . If it's not an immediate danger the Code officer would note the violations and a time by which the landlord had to fix them.
If you can't find another place immediately, you may still want to make a complaint :
Then depending on the findings :
If the place is not habitable , you can seek Emergency help in moving from the Salvation Army, Volunteers of America,churches, and maybe even Public Assistance.
If the place is still habitable and not a life threating health and Safety danger , this also would be noted in the report.
Request a copy of the report, and show it the the Agencies that might help you, or the Court.
But by all means if you can find a nice up to code Apt , move , and show proof .
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Angel176
Guest
big deal i feel like im loseing my son over nothing. This house is not that bad. The fact is the judge proceingover the case is my sons grandmothers ex lawyer who turned judge and thats not right i cant have a fair hearing in this case. And also the fact is he wasnt there for my son for 4years He said he was going on vacation and never came back until now and wants custody of my son. Hes been in this house before and never had a problem with it until i brought him to court on 8,ooo.00 back child support thats just plain wrong. I know people who were put up in a roach infected hotel by the state but my house is unfit then they would take alot of familys kids away. Give me a brake!Blonde Lebinese said:
Angel176 said:
Unfortunately , I can't give you a break .
The Judge gave you what 90 days to move to a suitable place.
Either move to one , or let the Father be awarded custody.
You child's Father has no say so weather the living conditions are safe and healthy. That's for the appropriate Agencies to decide .
So you are scared,Emotional, Etc. Try not responding with Emotions here toward the members. ( we are not your X plus many of us have experienced EMOTIONALLY as well )
You have been given LEGAL ADVICE as to what the forum is intended.
You move into a place that meets the requirements of health,safety,and space .
If the Judge then still rules against you ( which I doubt if you fallow his/her directives ) , then you prepare to appeal.
A word of caution. Don't get emotional in Court . Be confident, polite , present yourself respectable , and give the facts and Law , and direct you testimony to the Judge with eye contact not looking at the X during this time. Do pay attention to what the X is stating to the Judge though
The Courts, no matter what Judge do not decide cases on EMOTIONS
Angel,
You have given advice to others here like you know everything and yet don't seem to be able to handle your own problems or answer the questions we ask here so we can give you advice all the while valuable time is eaking away.
First of all we need to know your state, why, so we can advise you. You have been asked that several times and you refuse to answer, Why? Do you live in NJ? I ask because the only time you list a state is on a quesiton about your father who lives in NJ.
You wanted to know if there was somehting to do to appeal and that depends on if there were errors or bias. You indicate the possibility of bias but since you won't tell us the state we can't advise you and it may be too late by now. If what you say is true, that this is a new judge who previously represented your ex's mother there could be cause for challenge or appeal but you refuse to give the information. Since we have been doing this for some time I suggest you go an get an attorney since you can't handle it.
Does the judge want you to move or just repair the home? Was it clean, safe and well maintained? Also how old is your child? An older child gate might be unsafe and unnecesary if the child is older. Do you have a check list of what was found wrong on the home inspection? Do they also know your father recently died?
Your story is inconsistant you state:
Then on 9-3-4 you tell us:
Certainaly there is more to this than Dad wanting custody because of returning from Las Vegas and not wanting to pay back child support.
Get an attorney.
You have given advice to others here like you know everything and yet don't seem to be able to handle your own problems or answer the questions we ask here so we can give you advice all the while valuable time is eaking away.
First of all we need to know your state, why, so we can advise you. You have been asked that several times and you refuse to answer, Why? Do you live in NJ? I ask because the only time you list a state is on a quesiton about your father who lives in NJ.
You wanted to know if there was somehting to do to appeal and that depends on if there were errors or bias. You indicate the possibility of bias but since you won't tell us the state we can't advise you and it may be too late by now. If what you say is true, that this is a new judge who previously represented your ex's mother there could be cause for challenge or appeal but you refuse to give the information. Since we have been doing this for some time I suggest you go an get an attorney since you can't handle it.
Does the judge want you to move or just repair the home? Was it clean, safe and well maintained? Also how old is your child? An older child gate might be unsafe and unnecesary if the child is older. Do you have a check list of what was found wrong on the home inspection? Do they also know your father recently died?
Your story is inconsistant you state:
Angel176 said:
Then on 9-3-4 you tell us:
So which was it you have lived there for years and you don't notice a hole in the wall and don't know where the stains are or what caused them? There is something you are not telling us, this is a lot more complex than you not getting your opportunity to testify in court or a bogus home inspection. Actually it makes it sound like you are incompetent and the judge is giving you the easiest way out, to move, because if it were as you said and little contact and back child support, you were not likely to lose custody. But if you and your xhild are wallowing in an unsafe home there is little choice.Angel176 said:
Certainaly there is more to this than Dad wanting custody because of returning from Las Vegas and not wanting to pay back child support.
Get an attorney.
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Angel176
Guest
Im sorry i never got any questions asking what state i lived in. I live in the state of New Jersey.Also this place i live in is not mine.I moved in my boyfriends mothers house.The child proof gate is there because there is a 2 year old the and its near the stairs which is understandable. My son is 8years old. Im sorry but just very upset i lost my infant son 6 months ago then my father 1 month ago now im loseing my other son. Its just very upsetting.rmet4nzkx said: