Temporary Custody Hearing Questions

[lifemoveson]

What is the name of your state? TX

1st Question: Is there any law or statute against a parent leaving state after filing for custody of the child w/o emergency or temporary orders in place. Do both parents have to agree on the one parent leaving state with the child and staying gone until the temporary hearing or does this constitute kidnapping if one parent just leaves? We are not married, just common law.


2nd Question: How long do I have to appeal a temporary hearing verdict? It's been 3 weeks since the hearing and the judge says she can stay out of state with my child until the permanent hearing in 6 months. I can only talk to my daughter on the phone, she is only 2 1/2!!! I wanted to appeal the same day but my custody attorney said it was hard to get an appeal for a temporary hearing and was unwilling to do it. Do I still have time to TELL him to appeal or is it too late?

 

[LdiJ]

What is the name of your state? TX

1st Question: Is there any law or statute against a parent leaving state after filing for custody of the child w/o emergency or temporary orders in place. Do both parents have to agree on the one parent leaving state with the child and staying gone until the temporary hearing or does this constitute kidnapping if one parent just leaves? We are not married, just common law.


2nd Question: How long do I have to appeal a temporary hearing verdict? It's been 3 weeks since the hearing and the judge says she can stay out of state with my child until the permanent hearing in 6 months. I can only talk to my daughter on the phone, she is only 2 1/2!!! I wanted to appeal the same day but my custody attorney said it was hard to get an appeal for a temporary hearing and was unwilling to do it. Do I still have time to TELL him to appeal or is it too late?

Its difficult to appeal temporary orders. I don't know if its too late or not in your state.
You really might be better off saving your legal bucks for the main court case.

I am not sure why you even bothered asking your first question, since temporary orders HAVE been made.

 

[ceara19]

Appealing the temporary orders would probably be a waste of money. There is a good chance that the appeal wouldn't be heard until AFTER the hearing for permanent orders anyway.

Where you and mom married?
Where were you both residing BEFORE she moved?
Where did she move to?

 

[lifemoveson]

This is nuts. Can I do anything???

I was charged with aggravated assault w/ a deadly weapon by my daughters mother as well as disturbing a 911 call. Obviously I still showed up for the temporary custody case, which is why I got destroyed as mentioned above and she was allowed to leave state. Perfectly understandable, not fair since I was innocent, but understandable. I proclaimed my innocence from the beginning and now, 7 months later the case is dismissed.

I haven't spoken to or seen my daughter in 7 months who just turned 3 and the judge here in TX DOESN'T GET THAT I'M INNOCENT. From the beginning he destroyed me on the basis I was guilty of the charges against me and actually seems confused by why I can't call my daughter's mother (the same person who falsely accused me and tried getting me thrown in prison in the first place) now that the criminal case is over. It went from AGGRAVATED ASSAULT W/ A DEADLY WEAPON (2nd degree felony 2 - 10 yrs in prison) to a one 8 hour class of anger management (I didn't even agree to this, my criminal attorney took it against my permission and the prosecutor dismissed before I was even notified, so if I don't go now, I'll get recharged, rearrested, have to make bond all over again and I'll go through this hell for another 6 months so I'm going this Saturday.) and the judge can't even figure out that she was lying!! If I call her, my daughter's mother will keep piling on allegations (i.e. terroristic threat, my daughter was afraid after she spoke with me, etc.)

Please, any ideas would be greatly appreciated. This judge will not listen! He won't excuse himself from the case, I've filed a complaint with the state against him for judicial impropriety and now that it's been over 6 months that my daughter's mother has been in Ohio, she can ask for a change of juristiction to Ohio and this judge will more than likely grant it.

My daughter and her attorney keep trying to get me rearrested for contempt of court, while in the same breath "complain" I don't call to talk to my daughter. The only reason I'm not in jail for contempt with this judge is I've done all the ridiculous things he keeps asking me to do. The judge is basically saying if I don't want to excercise my right to call my daughter I don't have too. This is crazy.

 

[LdiJ]

What is the name of your state? TX

1st Question: Is there any law or statute against a parent leaving state after filing for custody of the child w/o emergency or temporary orders in place. Do both parents have to agree on the one parent leaving state with the child and staying gone until the temporary hearing or does this constitute kidnapping if one parent just leaves? We are not married, just common law.


2nd Question: How long do I have to appeal a temporary hearing verdict? It's been 3 weeks since the hearing and the judge says she can stay out of state with my child until the permanent hearing in 6 months. I can only talk to my daughter on the phone, she is only 2 1/2!!! I wanted to appeal the same day but my custody attorney said it was hard to get an appeal for a temporary hearing and was unwilling to do it. Do I still have time to TELL him to appeal or is it too late?

You really can't appeal temporary rulings....generally there has to be a final ruling, or a gross and blatant legal error on the part of the judge, in order for that to be possible.