Decision Reversed..What Now?

[richelledunaway]

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

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

I filed a pro-se appeal of a circuit level custody decision which continued joint custody, but named my ex primary residential custodian (rather than me being primary as i had been since the 2002 divorce). This past Friday the court of appeals rendered a decision. They issued an opinion "reversing and remanding."

Court of Appeals defines reverse as "to declare that a judgment is wrong due to some significant error and that the judgment may not be enforced." Remand requires the circuit court to take a particular action...in this case hold a statutorily required hearing.

KY law also states that an opinion is only advisory to the parties until it becomes final under the applicable civil rules (31-40 days).

Can I do anything right now? If not, once the decision is "final" do my children get to come home?
__________________

 

[LdiJ]

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

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

I filed a pro-se appeal of a circuit level custody decision which continued joint custody, but named my ex primary residential custodian (rather than me being primary as i had been since the 2002 divorce). This past Friday the court of appeals rendered a decision. They issued an opinion "reversing and remanding."

Court of Appeals defines reverse as "to declare that a judgment is wrong due to some significant error and that the judgment may not be enforced." Remand requires the circuit court to take a particular action...in this case hold a statutorily required hearing.

KY law also states that an opinion is only advisory to the parties until it becomes final under the applicable civil rules (31-40 days).

Can I do anything right now? If not, once the decision is "final" do my children get to come home?
__________________

The answer to that is "maybe". The appellate court reversed the order, which means technically that primary custody should revert to you.

However, the appellate court also remanded the case, which basically was an instruction to the judge to try the case again using whatever instructions the appellate court gave to the judge. Therefore its possible that the other party could manouver, legally, to keep the children with them until the judge rehears the case and makes a new ruling.

You really should get an attorney to help you at this point. Or, at least pay for an attorney to read the whole ruling and give you advice on how to proceed.

However, in the meantime, you could try to pick up your children on the basis of the reversal.

 

[richelledunaway]

I contacted legal aid, faxed the court of appeals opinion, and haven't heard back from them. I shouldn't have any trouble qualifying financially. However, it's my understanding that their massive case load limits the cases they can take on.

As to trying to pick up the kids on the basis of the reversal. I am certain my ex would never willing allow me to pick them up (nor keep them) on the basis of that opinion...as his attorney has surely advised him that the opinion is not yet final.

My hypothesis would be that the ex will file motion to reconsider with the court of appeals and/or motion for discretionary review with the supreme court...if for no other reason, to postpone finality.

I get the children every monday after school until tuesday at 6pm and every other weekend. It's also my turn for fall break. Can I legally keep the kids right now? When the opinion is final, then can I legally keep them? Is there anything I can file in the interim?