Whats my next step?

[Father-in-pain]

What is the name of your state?Ohio

Hello,
I just went through a long divorce where my wife and I have been battling for custody of our 3 year old daughter. We just recieved the decision from the magistrate and it was extremely opinionated and biased! My attorney said it was the worse case of bias that she has seen. Now, I am appealing so that it will now go up to the judge. If he does not overturn this decision, how can I continue this fight for my daughter? My wife told the court that she wants to get custody so that she can take my daughter and move to Florida for no other reason except that she does not like the weather here in Ohio? I can't lose my daughter like this. I want to be prepared to continue this fight taking my next step in case this judge does not overturn! HELP!

 

[Zephyr]

what is your question? it sounds like your attorney is taking the proper next step.

 

[NotSoNew]

what is a magistrate, is that like a mediator?

 

[casa]

What is the name of your state?Ohio

Hello,
I just went through a long divorce where my wife and I have been battling for custody of our 3 year old daughter. We just recieved the decision from the magistrate and it was extremely opinionated and biased! My attorney said it was the worse case of bias that she has seen. Now, I am appealing so that it will now go up to the judge. If he does not overturn this decision, how can I continue this fight for my daughter? My wife told the court that she wants to get custody so that she can take my daughter and move to Florida for no other reason except that she does not like the weather here in Ohio? I can't lose my daughter like this. I want to be prepared to continue this fight taking my next step in case this judge does not overturn! HELP!

Ask for (& be willing to pay for) a custody evaluation.

Your attorney will know how to appeal on the grounds of bias.

If you know the mother is moving (not just saying it, but has actual plans to move) petition against the move-away and have the court determine whether its in the child's best interest to move out of state because of the 'weather'

 

[LdiJ]

what is a magistrate, is that like a mediator?

No. In some states the judge does not hear every case. There is someone below the judge, called a magistrate who hears most of the cases and makes the decisions. Then, if one or another of the parties is unhappy with the magistrate's decision, then it can be appealed to the judge.

Generally in states that have that, each judge sits over two or three magistrates.

 

[countrydad]

In Ohio a Guardian ad litem acts on the childs behalf. This is someone who observes the child in both households and talks to anyone who will have a chance of having a 'say' in the childs future. This person makes notes and submidts them to the court(magistrate) and gives a recommendation. Her(in our case) has alot of weight with the magistrate or judge's decision since they have visited both households and interviewed all concerned parties. Although I paid the up front fee, most courts will judge that it be divided between both parties.
Hope this helps!