they split up the children

[sunshyne_828]

What is the name of your state? Florida

My husband and i live in Colorado but he has been in a cusotdy battle for 2 yrs for his children in Florida. We went to trial this past summer and the judge sent the 10yr old to live with us and left the 5 yr old with the ex-wife in Florida. The judge said that the original divorce decree split custody of the children and since neither parent was unfit he would not change custody of either child, but he would give my husband permission to leave the state with the oldest child. Now the ex-wife is appealing the decision. Our concern is that there was no court reporter present and we have been told that she doesnt have much of a chance in her appeal since there is no record. Is this true or could we have to go thru this ordeal all over again? Our ultimate goal is to have both girls with us in Colorado but at this point it doesnt seem like it will happen. Any advice on the appeal process?

 

[VeronicaGia]

I'm bumping your post to see if someone can help.

Do you have an attorney? How long has it been since the court date?

 

[sunshyne_828]

we had the trial this past july. we do have an attorney but he is in FL and we are in CO. It is extremely difficult to reach him and his assistants are of little help and just pass along our messages. Our attorney originally said she had nothing to appeal but she represented herself and now she has an attorney. Her appeal is based on new evidence, however, everything she states in the appeal is either a lie or already covered in the trial. I am not sure what the appellete judge looks at - if it is just the orders issued? or does my attorney and the judge get to make a statement to the appellete judge?

 

[jyoung]

Here's the link to Florida Rules of Appellate procedure. Hard to get an appellate decision w/o a transcript but not impossible....all kinds of time limits however, and jurisdicitional hurdles for the appeals court to even consider the matter and you will have a chance to respond to their arguments in a reply brief. Good luck


http://www.flabar.org/DomCount.nsf/...A4F006AEEA8/830A6BC6B90DA05685256B29004BFAC0/$FILE/300appellate02.pdf

 

[sunshyne_828]

update on the exs appeal: we have good news. the ex didnt file in time and she never paid the filing fee so there will be no appeal on our trial this past summer. the bad news is i just received my step daughters report card from FL - this is the youngest child that was left with the mom. Out of the first 40 days of school, she as been absent for 6 days and tardy 3 days. Am i just being picky or does this seem excessive?? Its really sad and my husband called the teacher for a phone conference from CO- the teacher said the child rarely turns in her homework also. We have asked the teacher to keep an eye out because it doesnt look good so far for the child left behind....