Permanent and Final versus Temporary

[RJJ7]

Hi.. up until yesterday's court hearing, I was granted a permanent and final order for my children's custody. I was granted full Legal Custody. Father had supervised visits and of the 36 hours that he was granted he elected to use only 4 hours ( 2 hours total every other weekend). Previous custody orders were unsupervised but last year, CPS substantiated emotional abuse for our daughter. Father was to complete a parenting class, counseling, and a good report from the supervised monitor. He attend only two therapy session and an online parenting class. Withing the past six months, he had to be redirect by the supervised monitor on conversations with the children that should have been adult in nature and one was sexual in nature. In our family court mediation, he first denied and then admitted to this allegations. The mediator's recommendation stated for continued supervision. Yesterday's hearing granted him his unsupervised and overnight visits back which was against the family court mediator's recommendation. The Judges decision was based on In Re: marriage of lucio which granted a registered sex offender unmonitored visition after his probation because he was not considered a pediofile. This case was on a temporary order. Can I appeal to the decision granted since mine was a permanent order not temporary?

Yikes. Got a lawyer? I'd definately try to appeal.

I don't know what these courts are thinking sometimes.

[RJJ7]

Yes I have one.. but she didn't think we could appeal because the judge was very adamant about coming back.

Change of judge? Geez. That's a tuff one.

They can really make some ridiculous rulings.

Hope...Pray...I don't know.

I'm in a similar situation, but I never got supervised time with the other parent. It's been HARD. VERY HARD. Little girls shouldn't have to go through the things she's had too. Little girls shouldn't know the things she does.

[tbyte]

The appeal would be to the Court Of Appeals, and the original judge would not be involved in the decision, or even able to argue as to why he made his decision.
However, Appeals courts will only overturn cases over matters of law. Is the father a convicted pedophile or sexual offender? If not, then the judge's mention of this case is probably irrelevant to both his argument and your appeal.

[RJJ7]

Ex Husband is not but judge's decision was against what the FSC mediator recommended and supervised monitor acknowledged to. Is it possible that the judge didn't use the best interest of the child measure? I guess I'm having a hard time acknowleding that he gets the children back not on merit but by this case law.

[Gbyte]

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