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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19640
Experience:  B.A.; M.B.A.; J.D.
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I'm wondering if i should file appeal based on the judges

Customer Question

I'm wondering if i should file for an appeal based on the judges ruling in family court.
(I had 50/50 custody of my 5 year old for the last three years.)
Recently i found out she's been video taping me out one of her windows for the last three years during exchanges and now i know why. She recently jing got a restraining order and i had to stay clear of her and my daughter for 30 days. she says she was Affraid for her life. Within the 30 days she got a exparte hearing accusing me of sniffing cocaine while picking up my little one,( it was suff) I barely had enough time for myself to hire counsel The next day we went to court, The Judge said hardly anything to me,
and my attorney says nothing to him. I tell the judge its snuff they see me sniffing, ansd ii gave him a negative drug test i took that morning at e reputable place He says take another drug test now. So i did- urine/hair. The next day the reslts were in and it came back positive for meth and coke, he had a minjute hearing and made a final order with neither party there to oblect.
He too all my custody away.
He gave the mother full legal.
-He's holdiong me in contempt saying my drug submission was that showed negative was falseified. It wasn't it was true, and a total legit test!
He then ordered mt to a year of drug classes and patch wearing to find any substance.
\THEN if I stay clean, ion twelve weeks i can see her for twp hours a week at a monitered faclity. After 6 months every other weekend, but i'd have to go to court again to get a decision.
After the year my ex would have 6 random drug tests to take anytime she wanted and I 'd have a 4hour window of opportunity do so. If I dont, he'll presume it a positive test.
i asked my attorney for 4 days to get a copy of the drug test, she forgot each time. I fired her.
THe judge orderd that I pay plantiff's attorneys feels,
And hear's the truth.
Yes I do drugs from time to time, but never in front or around my daughter. It was snuff.
The test i tookl i did not falsify in any way.
I cant afford attoneys fee's right now, i'm broke.
The mother wont let me see my daughter at all, nor talk to on the telephone. My 5 year is in tears wanting to see me.
Should i Apeal
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.

If the drug test ordered by the Judge is positive, you would lose the appeal. So, there is no point appealing from the Judge's Order.

You need to comply with the Judge's Order in order to regain your parenting time with your daughter. This means that you need to go for treatment for your drug issue and attend the classes as ordered by the Court Even if you do the drug occasionally and not in front of your daughter, you still need to seek treatment because that can impair your ability to take care of your daughter during your parenting time.

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