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Old 06-02-2004, 07:10 PM   #11
Animal
Gold Dragon
 

Join Date: March 29, 2002
Location: Canada
Age: 46
Posts: 2,534
No, it's not normal, as far as I know.

Usually there needs to be some extreme circumstances such as unfit parenting or an inability to provide proper care.

Just out of curiousity, was the judge female?
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Old 06-02-2004, 07:33 PM   #12
Sir Kenyth
Fzoul Chembryl
 

Join Date: August 30, 2001
Location: somewhere
Age: 48
Posts: 1,785
Nope. Older male with white hair.
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Old 06-02-2004, 07:38 PM   #13
Animal
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Well, Sir Kenyth, I don't know what to say. I could tell you you got a raw deal, but you already know that.

Definately file an appeal, and don't do anything stupid! Stick by the terms or the custody agreement and keep your nose clean. From what you've said, it sounds like the judge was completely out of line make a judgement based upon something so flimsy as a maybe.

I'd also give your lawyer a good kick in the a$$, and tell him to go earn his money. Make sure you get a different judge for the appeal, but above all else consider the feelings of you're kids. As a father myself, I know how hard it would be to be seperated from my daughter, but it would be harder yet to watch them being torn apart by a bitter custody battle.

Good Luck. [img]smile.gif[/img]
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Old 06-02-2004, 08:43 PM   #14
shadowhound
Ma'at - Goddess of Truth & Justice
 

Join Date: November 24, 2001
Location: Australia
Age: 32
Posts: 3,281
I would recommend an appeal, that has to be one of the weakest reasons I have ever heard. Then again I am not a lawyer, well not yet anyway. I hate family law.
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Old 06-02-2004, 08:51 PM   #15
Melusine
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Join Date: January 8, 2001
Location: Amsterdam, The Netherlands
Age: 38
Posts: 6,540
I'm sorry to hear this Sir K. Of course I don't know how it must feel to you, since I have never been in your position (thankfully, I might add) but I know how my mother would have felt if she would have lost custody to my father. Of both my parents, she was definitely the most fit to get custody and from what I can tell the same goes for you in your situation. It's enormously unfair.
I really hope you can work something out with your lawyer and appeal the verdict.
Good luck!
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Old 06-02-2004, 09:41 PM   #16
Larry_OHF
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Join Date: March 1, 2001
Location: Midlands, South Carolina
Age: 43
Posts: 14,749
Yeah I hear that the mothers do not have to try hard to gain custody.

Hey...I got some friends in Mexico...
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Old 06-02-2004, 10:28 PM   #17
Mack_Attack
Osiris - Egyptian God of the Underworld
 

Join Date: May 22, 2001
Location: Sherwoodpark,Alberta,Canada
Age: 45
Posts: 2,929
Sorry to hear that Sir K. My parents split when I was young. And it can be a hard thing to go through as a family. I hope everything goes your way. Just one question is the mother a un-fit mother??
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Old 06-02-2004, 10:57 PM   #18
The Hierophant
Thoth - Egyptian God of Wisdom
 

Join Date: May 10, 2002
Location: Dunedin, New Zealand.
Age: 36
Posts: 2,860
I think it's incredibly important that you fight decisions that you see as genuinely 'unjust' Sir Kenyth. I'm glad you're not going to give up. But above all, remember your children. PLEASE don't let your vendetta with your ex bring any undue strife or worry to your kids. Their happiness is paramount.

That said, good luck! [img]graemlins/thumbsup.gif[/img]
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Old 06-02-2004, 10:59 PM   #19
Cerek the Barbaric
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Join Date: October 29, 2001
Location: North Carolina
Age: 55
Posts: 3,257
I'm very sorry to hear that Sir Kenyth. [img]graemlins/verysad.gif[/img] I'll keep you in my thoughts and prayers and hope for a better outcome in the appeal.
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Old 06-03-2004, 11:34 AM   #20
Sir Kenyth
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Well, after discussing the situation with numerous lawyers, it's not looking good. Indiana law gives judges a lot of power in family law. Though his decision flies in the face of legal precedent, he can do it. They all say an appeal would be a complete waste of money.

The problem is, an appeal only addresses situations where someone is denied their rights or due process. It does not address new evidence or the validity of the judges decision unless it is denying you your rights. Since I have been given non-custodial joint custody with liberal visitation, it will be hard to say I'm being denied my rights.
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