Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I appealed the judges order to grant 50/50 custody of my seven…

Customer Question
I appealed the judges order...
I appealed the judges order to grant 50/50 custody of my seven year old son due to high conflict between me and the father as well as domestic violence issues. The appellate attorney withdrew from my case because she feels it lacks merit for an appeal. Can I request another appellate attorney or is this the end of my appeal?
Submitted: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 3 years ago
Can I object to the appellate attorney's decision to withdraw. What are my options if I want to proceed.
Answered in 13 minutes by:
5/26/2015
Family Lawyer: S. Kincaid, Family Law Attorney replied 3 years ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified
Thank you for allowing me to assist you.
You may hire a new attorney to represent you, or continue representing yourself. But if your current attorney is withdrawing because she believes the case lacks merit, you may want to consider whether or not she has a point, so that you don't waste your money continuing with an appeal that cannot succeed. For an appeal to succeed, you must either show legal error on the part of the judge, or abuse of discretion. Abuse of discretion is virtually impossible to establish, so realistically, you will need to show legal error. Do you believe that there was law that the judge did not follow properly?
Ask Your Own Family Law Question
Customer reply replied 3 years ago
Yes I have found legal error. Certain errors occurred through out the case before the last hear and certain errors occurred during the last hearing. Can the errors that occurred through out the case be addressed on appeal? What is abuse of discretion? I wanted to know if I could request another appellate attorney appointed by the courts? How do I request another court appointed attorney after one withdraws?
Family Lawyer: S. Kincaid, Family Law Attorney replied 3 years ago
Was your attorney appointed by the Court? Or did you obtain the lawyer through a legal aid agency or in some other manner?
Also, did the legal errors actually affect the judge's ultimate decision? If they are what is called "harmless" error, then it will not support an appeal.
Abuse of discretion is basically when a judge's order is so outrageous, that no reasonable person could have made the same decision based on the facts.
Ask Your Own Family Law Question
Customer reply replied 3 years ago
The attorney was appointed by the court. This was a dependency case where as I was attacked by my boyfriend and he fractured my skull. The general magistrate ordered took my seven year old son from my custody and place him with his father temporarily because she said I did not protect my children. She said I should have filed a restraining order against my boy friend. I have two sons from two fathers. My seven year old son's father was challenging me for custody and I believe that is the reason my seven year old was taken from me. The general magistrate allowed my 3 year old to remain with me in my care and custody. I completed all of my case plan goals with substantial compliance. By law my son was supposed to be reunited with me 6 months and supervised by the child protection agency after substantial compliance but instead the general magistrate gave me 50/50 custody and terminated supervision by child protection agency. Also, the child advocate reported to the court conflict with co-parenting but she ordered that we share custody. Before this case my son was in my care and custody. He had no relationship with his dad and dad was not paying child support. He used this dependency case to get custody and avoid paying child support. Supervision should not have been terminated, dependency court is not for custody battles, placing my son in a 50/50 custody arrangement is not in his best interest especially when his father does not cooperate with parenting and is abusive to me in front of my son. I really need to know how to proceed. Can the court appoint another appellate attorney or will they review the record to determine if my case has merit? Who do I call, what do I file, where can I go to pursue this issue?
Customer reply replied 3 years ago
Hello, Are you still there?
Customer reply replied 3 years ago
Since I have not received a response to the last set of questions I am going to assume you are no longer available to answer questions. Thanks and good bye.
Family Lawyer: Law Educator, Esq., Lawyer replied 3 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 127,563
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I am a different contributor here as it looks like your previous contributor had to leave.
I look forward to working with you to provide you the information you are seeking for educational purposes only.
The FL courts hold that the preferred custody arrangement is 50-50 shared custody, which they believe is in the best interests of the child. If they granted 50-50 custody, then it means the court does not believe you are a danger to your child as originally thought when they removed the child from your care.
I understand you believe that you should regain sole custody and that is what you are seeking to appeal, so in order to do that you have to prove the judge abused his discretion in awarding the 50-50 custody because it is not best for the child and it is up to you to prove why it is not best for the child (this is not about what is best for you, mind you, so you have to focus on the child's interests only).
You can contact the public defender's office who was previously representing you and ask for their appellate section for representation. However, if they are telling you that the evidence does not present a legal basis for appeal, then your other recourse is contacting the state bar and also the local spousal abuse center (since you allege there was abuse involved in the relationship with the father in question) and ask them for assistance from their pro bono attorneys in your area to assist.
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 127,563
127,563 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I recently filed a Domestic Violence Rrestraining order
I recently filed a Domestic Violence Rrestraining order against the mother of my son because she has been constantly contacting me and harrassing my girlfriend about our previous relationship. The ord… read more
Jessica B
Jessica B
Juris Doctor
1,926 satisfied customers
I was married in MA, now I live in CA. I have a 6 years old
I was married in MA, now I live in CA. I have a 6 years old from this marriage who was born in Boston. I spent 1 year and half in Brazil and while there we split and filled for divorce there. With tha… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My attorney is withdrawing a week before trial because of s
My attorney is withdrawing a week before trial because of his fees. He basically gave me an ultimatum to which I could not agree to. However, he is now trying to say in his Motion to Withdraw that the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,411 satisfied customers
How can I contest a court order visitation former boyfriend
How can I contest a court order for child visitation for my former boyfriend with my son, if he has been hostile with me continuously when he comes to visit our son in my home. I have a restraining or… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
North Carolina Greene County: Case 1: domestic violence
North Carolina Greene County: Case 1: domestic violence continued to benefit Plaintiff 3 times couple with Case 2: Me as Plaintiff in custody of 4 yr old son based on documented 45 days abandoning, ne… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
My 3 year old daughter has lived with me her whole life. Her
My 3 year old daughter has lived with me her whole life. Her father got a paternity test when she was born but never did anything with it and is still not on her birth certificate. He has helped finan… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
Can my son;s father force my 17 year old back into public high
Can my son;s father force my 17 year old back into public high school? My son is now 17 and last year at 16 had to be withdrawn from high school for home bound education due to medical issues. He chos… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in Florida and I was granted a domestic violence injunction
I live in Florida and I was granted a domestic violence injunction against my husband who hit me and pushed me in front of my 3 year old son and then took him for 3 days and I had no idea where he was… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
An Alabama District Court rendered a child custody decision
An Alabama District Court rendered a child custody decision after jurisdiction was Dismissed by the Alabama Juvenile Court. The judge awarded custody without establishing paternity or jurisdiction. Th… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,438 satisfied customers
hi Roger my name is***** have until Dec 1 to file an appeal
hi Roger my name is***** have until Dec 1 to file an appeal in NJ Family Court. I reported the judge already and he is being investigated but how do i officially file an appeal? is there specific pape… read more
WHGJD
WHGJD
Doctoral Degree
2 satisfied customers
I live in Niagara Falls, Ny. I am a mother of a 13 year old
I live in Niagara Falls, Ny. I am a mother of a 13 year old boy. My custody case has been going on for 1650 days and cou ting. My son lives with the father as per a order that was never stated by the … read more
Expert
Expert
My question is whether or not I can file a Motion to Vacate
My question is whether or not I can file a Motion to Vacate based on the attorneys on both sides committing fraud upon court? My case is complex. It's regarding my divorce trial and I'll hit the high … read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Child support for Ohio. I live in Wayne County Ohio. When
Child support for Ohio. I live in Wayne County Ohio. When I was 18 I gave birth to a son. The biological father and I broke up while I was pregnant. We were never married. My son is now 16 years old a… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Arizona: Father and mother have had 50/50 custody for 10
Arizona: Father and mother have had 50/50 custody for 10 years. Mother has violated the custody order for the past 6 mo and not allowed the father to see their daughter. To cover her ass, she went and… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,301 satisfied customers
Hello again Ely I really didnt think the judge was going
Hello again Ely I really didn't think the judge was going to grant his request for 50/50 visitation especially since we live an hour away from each other and she's only 2yrs. old. Especially with the … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Please forward to Socrateaser....Are pro se litigants held
Please forward to Socrateaser....Are pro se litigants held to the same standards as lawyers?… read more
socrateaser
socrateaser
1,031 satisfied customers
Facts - Finalized divorce 3 years ago with Post Nupt settlement
Facts - Finalized divorce 3 years ago with Post Nupt settlement on equitable distribution that was silent on college savings set aside for minor child and it did not even mention these accounts. Colle… read more
Ray
Ray
Lawyer
Doctoral Degree
46,968 satisfied customers
in california, if a domestic violence case has been dismissed
in california, if a domestic violence case has been dismissed by a judge and then the case becomes a custody case, is this case a continuance of the dv case with the judge OR is it considered a new ca… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,847 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x