06-02-2004, 04:23 PM | #1 |
Fzoul Chembryl
Join Date: August 30, 2001
Location: somewhere
Age: 54
Posts: 1,785
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Well, many of you may remember some time back that my ex sued me for custody when I asked for child support. Results came back yesterday. I LOST!!!!!!!!
Now if there was a good reason cited, I wouldn't be so mad. Here's the big reason. He feels that my new wife likes to "inject" herself into the relationship between my ex and myself. He fears she will "frustrate" the visitation arrangement. That's it. That's the big reason that requires a change in custody. Mind you she has not once been denied visitation and has actually been given more than the minimum requirments. I scored higher than her on the custody and psychological evaluations/reports. I already had custody! I just don't get it! The law states that there has to be a significant change in circumstances to warrant a change in custody. There is no case history to be found on the record that even comes close to this lenient ruling! Hell! There are people whose children reside with drug abusers, welfare cases, people who refuse visitation, and drunks who can't get their kids back, but I have to give up custody because he feels her visitation rights "might" be compromised some time in the future! WTF!!!! All around me lawyers, county court workers, and people who have fought for custody before shake their heads in disbelief! They have never before seen or heard of such a thing. It's an enigma of a finding! I smell a white haired magistrate who doesn't like fathers getting custody! One who was just looking for an excuse! Perhaps somebody knows somebody and called in a favor? I'll appeal and file for an injunction of course, along with a change of venue, but we all know how successful those are. I just can't believe this. She got away with it! She tried this with her other child in a different county and was laughed out of court! But here, she finds a sympathetic judge! Why me! AAAARRRRGGGGHHHH!!!!!!
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06-02-2004, 04:25 PM | #2 |
Knight of the Rose
Join Date: April 8, 2003
Location: Arkansas
Age: 48
Posts: 4,442
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there is no way to appeal?
I know there was the money issue before, but there has to be something that can be done
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06-02-2004, 04:32 PM | #3 |
Fzoul Chembryl
Join Date: August 30, 2001
Location: somewhere
Age: 54
Posts: 1,785
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I can appeal, but appeals have a very high failure rate.
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Master Barbsman and wielder of the razor wit!<br /><br />There are dark angels among us. They present themselves in shining raiment but there is, in their hearts, the blackness of the abyss. |
06-02-2004, 04:33 PM | #4 |
Knight of the Rose
Join Date: April 8, 2003
Location: Arkansas
Age: 48
Posts: 4,442
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what about the change of judge thing, forgot what it is called, change of venure or something like that?
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06-02-2004, 04:34 PM | #5 |
Fzoul Chembryl
Join Date: July 11, 2002
Location: Limbo
Age: 44
Posts: 1,720
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i am so sorry sir kenyth! you gotta do what you gotta do tho, good luck appealing, etc.
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06-02-2004, 04:40 PM | #6 |
Fzoul Chembryl
Join Date: August 30, 2001
Location: somewhere
Age: 54
Posts: 1,785
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Change of venue is a possibility. I have hired a newer more expensive lawyer. My last one was a bit inexperienced. Hopefully, there is a chance, but family law is given far too much leeway for my liking.
[ 06-02-2004, 04:41 PM: Message edited by: Sir Kenyth ]
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Master Barbsman and wielder of the razor wit!<br /><br />There are dark angels among us. They present themselves in shining raiment but there is, in their hearts, the blackness of the abyss. |
06-02-2004, 04:52 PM | #7 |
Knight of the Rose
Join Date: April 8, 2003
Location: Arkansas
Age: 48
Posts: 4,442
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yeah it is, I agree that people who should not have kids, get to keep theirs, while those who try, lose them
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06-02-2004, 05:01 PM | #8 |
Harper
Join Date: October 6, 2001
Location: Iceland
Posts: 4,706
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Ugh sorry to hear that Kenyth. good luck with the appeal.
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06-02-2004, 05:17 PM | #9 |
Gold Dragon
Join Date: March 29, 2002
Location: Canada
Age: 51
Posts: 2,534
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I think in this case an appeal would be quite succesful, given a different judge.
If there is no history of problems, the appeal judge would more than likely overturn it. I would also look at your lawyer and ask him just WTF he is getting paid for.
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06-02-2004, 05:59 PM | #10 |
Fzoul Chembryl
Join Date: August 30, 2001
Location: somewhere
Age: 54
Posts: 1,785
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I hope so animal!
I just cant believe this. Has anyone ever heard of a change of custody being granted over such a minor thing? Is this normal and I just don't know it?
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