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FamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 1105
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I'm involved in a custody case. The other party in the case

Customer Question

I'm involved in a custody case. The other party in the case was not satisfied with his attorney or the trail hearing. I believe the party is abusing the legal system as retaliation against me and to get the results they want. How long will it be before the court realizes this and close the case? Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  FamilyAttorney replied 1 year ago.

Hello, I am here to help you with your question today. I have 35 years' experience as a family lawyer in another state.

Was a motion to amend a custody order filed in this case by the other party?

Customer: replied 1 year ago.
Not at this time, we are still awaiting the custody order. The other party has stated he will appeal whatever decision the judge makes in this case. I want to know if there is anything I can do to prevent an ongoing case. I'm in debt from attorney fees and it seems that the other party will not be satisfied if he is not awarded sole custody.
Expert:  FamilyAttorney replied 1 year ago.

Thank you for that information. I just need to cite this for general purposes and then I can move on from there:

Please note: The answers provided here do not, under any circumstances, create a lawyer-client relationship and are provided to supply a general answer based on the facts as given by the author. The above attorney is not giving advice but is answering the question in general terms. At all times, the above attorney will advise the author of the question to seek independent legal counsel. The above answers should not be relied upon by the author or by anyone else for the authoritative answer to the question. Consult with your own lawyer for your legal questions.

Was this in the juvenile and domestic relations court?

Customer: replied 1 year ago.
This was in family court, I'm not sure if it's all the same.
Expert:  FamilyAttorney replied 1 year ago.

Okay thank you. The juvenile and domestic court handles custody cases. There is an appeal to the circuit court from this court. If this case was already in the circuit court, there is an appeal to the VA Court of Appeals. The other party has the right to appeal from the order of each court. I happen to be an appellate attorney and in most states you can appeal "as of right" to the next highest court.

Expert:  FamilyAttorney replied 1 year ago.

I hope the order goes your way, and I understand how difficult and frustrating the legal system can be sometimes. If it does not go your way, you will have to defend an appeal. I would definitely suggest an attorney. If you don't qualify for an attorney, you can try to see if you can get an attorney appointed for you but that usually happens under strict guidelines and isn't likely to happen if you already had private counsel. You can look for a pro bono attorney but they are hard to find as well.

Expert:  FamilyAttorney replied 1 year ago.

In defending an appeal, you can't state that the appeal is frivolous necessarily because he has the right to take an appeal. However, you would want to point out that the judge made the right decision. Again, this depends on where the appeal is going. If it is going to the VA Circuit Court, he has to appeal it within 10 days but that court gets to re-hear the case, so you will want an attorney for that. If it goes to the VA Court of appeals, this is legal argument which is difficult to do pro se, by yourself. But there you would point out exactly what the judge did correctly and why the order was correct. Just note that it's important for me to know what court it was in. Either way, he has the right to appeal. He can appeal within 10 days to the Circuit court if it is coming from the juvenile and domestic family court, or he has to appeal within 30 days if it's an order FROM the circuit court going to the Court of Appeals. It depends on which court it is in now, but he does have the right to appeal. If you win at trial, what you need to do depends on which court the appeal is to.

Do you have anything to show which court this is in now?

Expert:  FamilyAttorney replied 1 year ago.

Any piece of paper from the court will do -- a summons, a petition, a motion or any similar court paper. That will let me know where the case is now.

Customer: replied 1 year ago.
Thank you so much for this information. It is with juvenile and domestic relations family court.
Expert:  FamilyAttorney replied 1 year ago.

Thank you Rena for that information. I'm Ronna by the way.

I would offer an additional service such as a phone call but I don't believe you need that here because the answer is pretty much straightforward. He will have the right to appeal no matter which court he's coming from. He has only ten days to appeal it to the Circuit Court. It's unfortunate but in your state the circuit court will re-hear the case. They may find that the original order was proper or that it was not. After a case is decided here, there is the right to appeal further, to the VA Court of Appeals. Your state gives you several opportunities to appeal your family court case. He's going to be able to do it IF he files the notice of appeal on time. If he does not, he cannot file. On the other hand, if YOU don't like the order, YOU can file an appeal with the circuit court but you must do it right away because you only have 10 days to get it there.

Expert:  FamilyAttorney replied 1 year ago.

I'm assuming he has an attorney and if so, if at all possible, you will want an attorney as well. It is difficult to do a case, either in the lower courts such as a circuit court, or an appeal, when you are up against another attorney. You may want to check with your local bar association to see if they have a lawyer referral service, or you may want to check with a Legal Aid or Legal Services office in your state for less expensive legal fees.

Expert:  FamilyAttorney replied 1 year ago.

Does this answer your question? If you need more information, please let me know and I'll be happy to provide it.

Expert:  FamilyAttorney replied 1 year ago.

If I have answered your question, I would request that you please accept my answer and rate me -- the rating is the only way I will get credit for our time here today. If you can rate me fairly, I would be most appreciative. If you need more information, I will be happy to answer any follow-up questions as part of this one. I wish you the best of luck. I know these cases are difficult because I've done them for 35 years and I have seen how gut-wrenching they are for people.

Thank you in advance for rating me. I really appreciate it and I hope I have helped you with your specific question. I hope things go smoothly for you, but now you know the procedure and where the case goes from here. Happy New Year to you. Feel free to send me any follow-ups based on this question.

Customer: replied 1 year ago.
Thank you, ***** ***** the legal advice.
Expert:  FamilyAttorney replied 1 year ago.

Rena, you are most welcome. I thank you in advance for giving me a rating.

I didn't want to charge you anything additional by asking if you wanted a phone call because I knew I could answer this with the information you gave me. I hope things go your way and maybe he won't appeal in time. If you need locations of Legal Aid in your state let me know. Otherwise, do your best to enjoy the New Year. Best of luck to you.

Expert:  FamilyAttorney replied 1 year ago.

Hi Rena, could you kindly leave a rating for me, one of the top three ratings? I cannot get any credit for answering your question without your rating. I know you appreciate the legal advice but I can't get any credit for this without your rating. Thank you so much!