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hocuspocusme, USA Legal
Category: Family Law
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What can I do to overturn a child custody case the was finished

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What can I do to overturn a child custody case the was finished today. The mom took my child to NY and the court gave her no geographic restrictions. She has threatened to take her out of the country & change her name. This mom admitted under oath of drug use & deviant sexual behavior. She has had 4 jobs in 5 months and has had 3 different addresses in that 5 months. My daughter is just 4 years old and was born in Tx & has lived here all of her life . Please help me I have been through 2 different & incompetent lawyers & two extremely biased judges ( both women). I feel as if I have been victimised by both the lawyers and the courts. I am wanting to provide my daughter with a decent safe life and have gotten burned by trying to do the right thing ,I want to get her back to live in TX.
Submitted: 8 years ago.
Category: Family Law
Expert:  hocuspocusme replied 8 years ago.
You will have to file an appeal to a higher court. What is the judgment? What custody and visitation do you have? I need to read the judgment and the ratio decidendi (reason behind the judgment) to find the reasons the judge gave for the appeal to find out if any reasons you have for an appeal but, it seems that if the mother openly admitted in court that she is a drug user and sexual deviant and has had three addresses in five months that constitutes an unfit environment. Is this Judge crazy?

You will need an appeal lawyer. It has to do with the way the judge set forth the ratio decidendi for giving the mother custody. Let me know if you understand what I am stating.
The best interest of the child is decided in court. What did the judge state in the formal reading? What cusotdy and visitation were you granted?

An appellate court will look at the judgment to find if the lower court "errered
and made an erroneous" judgment of the law" when making the decision in the lower court in order to reverse the decision. This means that they did not "apply the law in the correct way in the lower courts".

I look forward to your respons.e
hocuspocusme and 2 other Family Law Specialists are ready to help you
Expert:  hocuspocusme replied 8 years ago.
I state that in an appeal that no new evidence will be presented, only the evidence that was already presented in the lower courts and the findings that the lower court judge did not apply the law correctly. Case law will be applied by your attorney to rebut the judges decsion in hopes that the district judge did not apply the law correctly. This will be in front of a panel of several judges to review. They will look over the case several weeks before the case is ever presented in court by the attorneys', It is quite expensive but a case can be overturned.
Customer: replied 8 years ago.

This just happened today & I am still stunned & so shaken that this could happen that a judge could let a 4 year old girl to live in that kind of environment given the extremely high incidence of child abuse & sexual abuse in this nation. I was given standard visitation. 45 days in the summer assorted holidays etc. I will go to the court & purchase a copy of the steno notes of the court proceedings.

All of the witnesses I brought foward & all family & friends are amazed that any court would decide this. The judge awarded I pay ALL community debt. to the tune of around $60,000.& her legal fees. The mom asked for $120.00 child support a month the judge gave her $350.00. Plus all medical. I am a good father and a good husband I do not do drugs I do not drink except socially I am a peaceful man. Our home is filled with all the love and care a child could ever want or need. I work almost everynight but don't make alot of money & my mother keeps the baby when I am at work. One of us is with every hour of every day when she is not at school. I had her in tap dance & ballet & cheerleading , she went to a private church pre school. I could offer her so much more than she would get with her mother. When I talk to her on the phone she sounds so sad & asks when she can come home . Now I don't know what to tell her.


I do not know what you mean by the ratio decidendi I am not sure could you elaborate. I really do not know what I should do.

Customer: replied 8 years ago.
I clicked the accept once but I do not think that it went through. Let me know.

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