I need direction with post judgement motion

[TRS0430]

What is the name of your state (only U.S. law)? CA

The judge in my case is kinda losin it. Recently there was a hearing and he gave a grandparent visitation even though the grandparent had never filed a joinder or a petition and I have never been shown to be unfit, quite the opposite. Additionally I had absolutely no notice whatsoever that he was even on the table for visitation and did not object because I really did not know (he did not even take the stand). An attorney that is familiar with my case looked at the order and said the judge violated my constitutional rights.I was served almost 60 days ago, I only have a couple of days left to do an appeal. Before doing an appeal though I would like to attempt something in the same court, if for nothing else than to buy me a little more time to study.

Thank you!

 

[JETX]

Thank you!

You're welcome.

 

[seniorjudge]

What is the name of your state (only U.S. law)? CA

The judge in my case is kinda losin it. Recently there was a hearing and he gave a grandparent visitation even though the grandparent had never filed a joinder or a petition and I have never been shown to be unfit, quite the opposite. Additionally I had absolutely no notice whatsoever that he was even on the table for visitation and did not object because I really did not know (he did not even take the stand). An attorney that is familiar with my case looked at the order and said the judge violated my constitutional rights.I was served almost 60 days ago, I only have a couple of days left to do an appeal. Before doing an appeal though I would like to attempt something in the same court, if for nothing else than to buy me a little more time to study.

Thank you!

Was there a question in there?

 

[Ronin]

The judge in my case is kinda losin it.

Why? If a judge believes grandparent visitation is in the childs best interest, then he has the discretion to grant this, unless of course the parents object to that. However if one parent says yes and the other no then it is up the the judge to decide.

Recently there was a hearing and he gave a grandparent visitation

I need direction with post-judgment motions

Contrary to what you have stated, this does not appear to be an appeal of a final judgment but rather the results of a hearing. Unless of course this was a hearing to sign final judgment and the other side slipped this visitation in. Depending upon what kind of hearing this was, the rules are different for challenging the court and/or filing an appeal. In some hearings such as on temporary orders you may have as little as ten days to contest any rulings.

An attorney that is familiar with my case looked at the order and said the judge violated my constitutional rights.

Maybe, but if you did not complain in a proper and timely manner your complaint is waived.

I was served almost 60 days ago, I only have a couple of days left to do an appeal.

You should have asked the above attorney for advice on what to do. If you are just now trying to figure out what to do almost sixty days later it is probably much too late.

Before doing an appeal though I would like to attempt something in the same court...

You cannot just jump straight to an appeal without first having raised your complaint with the court and given the court a chance to resolve the issue.

 

[TRS0430]

Oh dear! No I did not object, I did not realize anyone was asking for that and it was not in the paper work or the statements in court. It was a visitation/custody modification hearing but only my ex and I went to mediation and my ex and I were the only people asking for anything (I thought). The reason for the hearing was the KA said I was moving and I was not! I told the judge I was not and that there should not even be a hearing and the judge said there was no change in circumstance...... YET when the order was sent in the mail it changed from me having sole legal custody to joint custody with my ex and gave my ex overnight visits 6 times a month and gave the grandpa visitations as well. The judge gave absolutely no reason for his rulings other than one brief statement "it is in the minor's best interests"

The order also says the orders are temporary and can be changed if needed.

So you are saying this is life and the way it is and there is NOTHING I can do about it? I am totally shocked!

 

[Ronin]

So you are saying this is life and the way it is and there is NOTHING I can do about it?

I am certainly not saying this because I am not familiar with the details of your case.

There is a lot of risk when one is for whatever reason unrepresented by an attorney. Whether of not there is anything you can do about this will have to be answered by an attorney who has reviewed your case.

 

[TRS0430]

I am sorry, I just reread my last post and I came off harsh. I am just in shock that something like this could be done in our court system with no remedies unless I said a magic word like "objection" especially when there wasnt any papers about this, he did not go and was not invited to mediation, the judge did not allow any sworn testimony at this hearing even though I had 20 witnesses there, etc. Yes, there are a lot of risks to representing yourself but my ex has friends that are attorneys and gets representation for free and works in an industry where he gets to hide his money from me and the court and after 7 years of this I just cannot aford an attorney anymore (besides now my children are older and can speak up for themselves better and I have to figure out how to do a college education for them... I won when they were little and it mattered the most). But there really was nothing said or written to give me any sort of a clue this could be the order.

Could you or someone point me to some case laws on saying "i object" and on filing joinders or petitions or mandatory mediation and on a judge simply saying "best interests" without more, and no change in circumstance when there are extreme orders such as these made? Additionally there was no sworn testimony taken at this hearing other than what was in mine and my ex's papers (who also did not object, though he did praise his father as a father in his papers...hmmm) I would greatly appreciate it!

thanks!