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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 372
Experience:  6+ years of experience in divorce, custody battles and mediation.
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Can a person ask the judge if they can say something that same

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Can a person ask the judge if they can say something that same day after the judge's decision? I am going a child custody and sale of home. Judge indicated that my husband would get 50% custody. My husband indicated on the stand that I was keeping our daughter away from him while he is still living at our house. I haven't been able or asked to explain to the judge that I have been abused physcially and emotionally and mentally and my daughter emotionally by her father. Not once was I asked why I am requesting a divorce or seeing a therapist or why my daughter is also seeing a therapist. I am not looking to overturn the judge's decision. I just want to tell her why. Judge believes I am selfish and bitter and a terrible mom for keeping my daughter away from her father. All this is false. I was so devastated upon hearing this. I have gone out of my way to have my daughter bond with her father. We have to go back to court to determine how much child support I may get and if I get any alimony and if I get to refinance and stay in our home. I strongly believe my lawyer did a lousy job.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
I completely understand your frustration about not being heard. Unfortunately, due to the volume of cases that Judges hear, a lot of them have become immune to individuals who are not the same as everyone else. This leads them to be more cynical and callous towards people who do not deserve it.

As long as you understand that what you tell the Judge will likely not change the situation, you can respectfully XXXXX XXXXX address the court by saying, "Your honor, may I say something?" The Judge may allow you to speak or she may not. If she does, preface anything you say by saying "I know this will not change anything, but I wanted to clarify that I am not doing this because I am bitter, etc etc etc."

If you didn't feel like your attorney did a good job of representing you, you should talk to your attorney about it and see if they can explain the way they represented you. Attorneys are fairly familiar with Judges and we often know what will go over well in a courtroom and what will not. For instance, in my county, I know what Judges are going to be more sympathetic to a woman in your situation, and which will simply just not care, and to whom telling your story would just make them rule less in your favor.

If after talking with your attorney, you still feel like they did not adequately represent you, you can remove them from your case and consult with a different attorney. At this point, that'd be up to you if your case is nearly completed.
Customer: replied 1 year ago.


So hopefully if I ask the judge can I speak, she may let me sit on the witness stand and explain to her everything obviously indicating this won't change her decision?


 


Can I appeal her decision since none of the abuse was mentioned and I didn't pay for a court reporter but my husband did?

Expert:  originallawyer replied 1 year ago.
She probably won't let you sit on the witness stand since you won't actually be testifying. More than likely if she lets you address her, you will do so from behind the table you are sitting at with your lawyer.

If the abuse wasn't mentioned, unfortunately, that's not your Judge's fault, that may be the fault of your attorney. The Judge can only make rulings based on the evidence presented, and the Judge is not obligated to ask why the parties are divorcing. It would have been your attorney's job to present the evidence of the abuse.

Appeals are reserved for areas where the Judge misapplied the law or refused to allow testimony in wrongfully, or otherwise engaged in conduct contrary to law. If your attorney attempted to introduce relevant evidence in the appropriate manner and the Judge did not allow it, then you might have a chance for appeal. Appeals are quite expensive, however and also you would need to hire an attorney with experience in handling appeals. They also have defined time limits of appeal, so you would need to discuss the matter with an appellate attorney very soon before your chance to appeal was lost.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 372
Experience: 6+ years of experience in divorce, custody battles and mediation.
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