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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111492
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I recently requested a modification of custody because my

Customer Question

I recently requested a modification of custody because my ex-wife wasn't doing the best for our 2 two girls (she has our girls 9 out of 14 days). I represented myself and felt as though I covered the issues clearly. I had numerous documents to show that my children's grades were dropping and their health care was sketchy and their safety was a concern... I'm an Eagle Scout, a Veteran and a 25 year civil servant currently Teaching Carpentry. My ex-wife counter-filed for an extra night and a few silly little things. She has a chaotic employment and social history and had no real defense for her failing. Much to my surprise though, the Master denied my request for a 7 out of 14 schedule and awarded my ex everything she requested. I'd like to appeal the results to a higher court. How do I do that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have to file a notice of appeal with the magistrate court and then you have to prepare an appeal brief with the facts of the case and the case law supporting why the magistrate abused his discretion in not modifying the custody. You have to argue that there was a material change in circumstances, the poor grades and healthcare issues, which would make it in the best interests of the children to change the custody arrangement. That memorandum is your appeal brief filed with the court of appeals. You are arguing the magistrate abused his discretion in that no reasonable judge hearing the same facts and seeing the same evidence would have made the decision the magistrate made and the decision was not in the best interests of the children.
You will need to go to the court library to do some case research to put in your memorandum to support your arguments regarding the change in circumstances warranting change in custody and also about abuse of discretion.