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Appeal a Judges decision where Child Abuse is involved?

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bobknuck

Junior Member
What is the name of your state? Florida.
Me and my soon to be ex-wife have been seperated for 3 years now. During the course of seperation we have arranged joint custody of my son. 50/50. Also during this period my wife has met another man and has had two children by him. We'll call him Joe.
My son has been telling me for the last two years that Joe has been doing some very mean things to my son, physcially and mentally. I did some research on Joe and found out that he has prior arrests and has had DCF (department of children and familes) called on him before for child abuse. He was Backer acted for attempting suicide. Court order for drug rehab. You get the picture.
When my attorney brought this to the attention of the judge and the guardian adlitem, since here was no phsycial evidence, nothing could be used as 'facts' in the case.
And since DCF reports cannot be put in as evidence it could not be used. And the report even states that the officer from DCF interviewed my son and Joe's step son and confessed to phsycal and emotional abuse, it could not be used. The judge did mention that if we wanted her to consider the DCF reports for her to read, something would have had to been filed, which my attornies failed to do in time.
So basically this guy looks like a perfect loving guy.
The judge ruled in favor of my ex-wife giving her full custody.
The judges final judgement is full of things that arent true and misleading facts about Joe, etc. etc.
I am very worried about my son and this guy. Joe was dignosed with Bi-polar depression and is a real threat to my son.
Is there anything I can do at this point since the judge has given her ruling?
Thanks
Bob
 


LdiJ

Senior Member
What is the name of your state? Florida.
Me and my soon to be ex-wife have been seperated for 3 years now. During the course of seperation we have arranged joint custody of my son. 50/50. Also during this period my wife has met another man and has had two children by him. We'll call him Joe.
My son has been telling me for the last two years that Joe has been doing some very mean things to my son, physcially and mentally. I did some research on Joe and found out that he has prior arrests and has had DCF (department of children and familes) called on him before for child abuse. He was Backer acted for attempting suicide. Court order for drug rehab. You get the picture.
When my attorney brought this to the attention of the judge and the guardian adlitem, since here was no phsycial evidence, nothing could be used as 'facts' in the case.
And since DCF reports cannot be put in as evidence it could not be used. And the report even states that the officer from DCF interviewed my son and Joe's step son and confessed to phsycal and emotional abuse, it could not be used. The judge did mention that if we wanted her to consider the DCF reports for her to read, something would have had to been filed, which my attornies failed to do in time.
So basically this guy looks like a perfect loving guy.
The judge ruled in favor of my ex-wife giving her full custody.
The judges final judgement is full of things that arent true and misleading facts about Joe, etc. etc.
I am very worried about my son and this guy. Joe was dignosed with Bi-polar depression and is a real threat to my son.
Is there anything I can do at this point since the judge has given her ruling?
Thanks
Bob
It would be expensive, but if you are still within the time frame to appeal the decision, you can appeal.

Its a bit unusual that the judge gave full custody to your ex, when the two of you have been practising 50/50 for the last 3 years. Was 50/50 no longer an option?
 

bobknuck

Junior Member
The judge felt that 50/50 was not an option due to the fact that me and ex were not getting along when it came to my son. We suggested a guardian adlitem to be put on the case due to the child abuse. The guardian adlitem also went with my ex, saying that Joe was a nice guy. We were the ones that found out all the bad things about this guy and when brought to the guardian's attention, called Joe's ex wife and she told her what was going on. Then on the stand, the guardian said she didnt believe Joe's ex and that she was doing it out of revenge. Oh, I forgot to mention that Joe's ex wife came and testified about the abuse for us in court. His ex-wife was so distraught on the stand that she couldnt even speak and was sobbing the whole time. And the judge mentioned in her report that she was not a creditable witness??????? And at the time the step son was going to testify, but since he was only 12, we decided that would not be a good idea. And Joe's ex-wife daughter was to testify as well, but we figured Joe's ex's testimony would be enough to prove to the judge.
 

LdiJ

Senior Member
What makes an appeal so expensive?
Its a combination of things. You have to provide a transcript to the court of the original hearings at the family court level, which is generally expensive, and the attorney has to do a great deal of case law research in order to mount a good appeal, therefore the attorney tends to be expensive as well.
 

bobknuck

Junior Member
What if it is the fact that new witnesses have come forward? Does it have to be directly related to the transcript? And do you know how many days I have to appeal?
Thanks for your advice by the way....
 

Golfball

Member
What if it is the fact that new witnesses have come forward? Does it have to be directly related to the transcript? And do you know how many days I have to appeal?
Thanks for your advice by the way....
From what I've read, it's a no-no to have facts not on the record for appeal be brought up during the appeal.

Timelines for appeal varies by state.
 

LdiJ

Senior Member
What if it is the fact that new witnesses have come forward? Does it have to be directly related to the transcript? And do you know how many days I have to appeal?
Thanks for your advice by the way....
The appelate court cannot hear new evidence. The appelate court can only rule on the merits of the existing case...hence the need for transcripts.
 

bobknuck

Junior Member
My ex opted that she didnt want joint custody anymore. And why do you think? Money of course.
That doesnt seem fair that new witnesses can not be brought forward. Like a lady that witnessed Joe beating his step son so badly that she called DCF on him.
So what happens, lets say that Joe starts to do things to my son again? What course of action do I have since he's considered a non abusive person? All of this evidence I have against him can no longer be used in any means?
 

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