Family Law Questions? Ask a Family Lawyer Online.
we are obviously not in a position to assume representation of the case, but we can answer any legal questions that you may have. Was there a specific legal question that we could answer for you?
How old is he? Also, why did the court decide as it did? Lastly, how long ago was the court's decision?
there has to be a clear abuse of discretion by the trial judge in order for the appellate court to overrule the decision and assign the case for a new judge. You are telling me that the decision defied logic; if that is true, it would certainly be grounds for the ruling to be stayed while the appeal is pending.
Your attorney is telling you that an appeal is not viable; I say to get a second opinion.
Your ultimate question is what can be done to get this decision out of the judge's hands and into the hands of another judicial official. That is exactly what an appeal is. Find someone who believes in your case. In the worst case scenario, go back in 6 months and ask for a new order based on a change in circumstance (the change being the child's unhappiness).
I realize that this may not be what you had wanted to hear, but I do hope that you understand my philosophy that I cannot help people unless I tell them the truth, regardless of whether it is "good" news or "bad" news. Let me know if I may be of further assistance. Thank you.