Family Law Questions? Ask a Family Lawyer Online.
Good Day ,
I am a US Attorney and I'll be answering your question today
I will need to know the content of the formal grievance and how long it was filed after the custody hearing ?
Here is the information that was in the Grievance that is relevant:
(1) I found out after I settled custody that the evaluator had been the Father's co-parent therapist for the Father and his first wife for 2 years, which had never been disclosed to me or to the court, and the evaluator now acknowledges, but said he told me "verbally." (2) It was a "move-away" evaluation, but the report said Father should not move away, and instead the the parenting plan recommends an in-county parenting plan that gave Father primary custody (3) The Father was jailed twice for beating me, and although I submitted that documentation to the evaluator, the evaluator omits a "criminal history" section of his report and never mentions the criminal convictions, which had been 2 - 5 years prior to the evaluation (i.e. no 3044 analysis was conducted). I have no criminal record, no alcohol/drug use, etc. I am a professional.
The evaluation occurred in 2010, the Grievance was filed in May 2011, and my custody was further reduced in September 2011.
Thank You for your patience
You should look into filing an appeal . Strictly, appeals of the Family Court must be filed within 30 days. However, you can state exceptional grounds as the evaluation report's author did not come to your attention until after the 30 days.
This is your best way forward. You are challenging the fact that the judge erroneously came to a decision, when no other judge with the information at hand would have come to the same conclusion, and secondly, that the judge had incorrect information regarding the evaluation report meaning that his judgment was flawed.
Please contact the clerk of the court to follow up on the appeal.
JUST A REMINDER, this is an HONOR SYSTEM in which the customer rates the service GOOD/EXCELLENT and leaves a BONUS/TIP for a service received.
What about my question to you regarding the handling of the Formal Grievance?
The filing of the grievance does not effect the outcome.IF you are unhappy with the how the judge conducted the case , you can file a grievance with the State judicial disciplinary body, judges must comply with the judicial code.
Your approach now is to file an appeal.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).