Overturning custody ruling

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Old Aug 15th, 2012, 11:24 AM   #1
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Default Overturning custody ruling

My best friend of 25 years is a mother that today lost full custody of her 10yo son whom has been with her full time since birth. Ultimately because she was recently married to a Army Helicopter pilot and moved a few hours away from the biological father. They reside in North Carolina. The biological father has had less that 50% custody for the past 10 yrs. but, took her to court and won. What are the steps she can take to get this reviewed and overturned? I traveled across the country to be present for the 3 day hearing and to testify on her behalf. The case over all was definetly in her favor and she, her legal counsel and witnesses all made a great case. The biological father did not make a case for the childs overall well being. The judgement was a shock to all and justice was not served. Will she need to obtain new legal counsel? Are court transcripts available to her? Desperatly seeking advice.
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Old Aug 15th, 2012, 12:36 PM   #2
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Default Re: Overturning custody ruling

We do not know details of case as we were not there. Unless you can show Judge made error or the like overturnng ruling is not a strong possibilty. I know you feel Dad has no evidence but Judge saw it different. Your friend needs to discuss this with her Attorney as its her Attorney that would be most familar with case, Judge etc etc. You cant just seek to have a ruling overturned because you dont like outcome. This site and others often warns parents about taking their children too far from other parent and those warnnings often include that it could cost them custody
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Old Aug 15th, 2012, 03:09 PM   #3
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Default Re: Overturning custody ruling

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My best friend of 25 years is a mother that today lost full custody of her 10yo son whom has been with her full time since birth. Ultimately because she was recently married to a Army Helicopter pilot and moved a few hours away from the biological father. They reside in North Carolina. The biological father has had less that 50% custody for the past 10 yrs. but, took her to court and won. What are the steps she can take to get this reviewed and overturned? I traveled across the country to be present for the 3 day hearing and to testify on her behalf. The case over all was definetly in her favor and she, her legal counsel and witnesses all made a great case. The biological father did not make a case for the childs overall well being. The judgement was a shock to all and justice was not served. Will she need to obtain new legal counsel? Are court transcripts available to her? Desperatly seeking advice.

Losing full custody is serious, did she not get court ordered visitation?
Court transcripts would be available yes. Perhaps the move was an issue?
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Old Aug 15th, 2012, 07:19 PM   #4
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Default Re: Overturning custody ruling

Of course we are not happy with the outcome. Isn't one party or the other always dissatisfied. There is just alot to this case obviously that isn't detailed. The move IS the issue the only issue. Dad inherited land and money, where mom has struggled, put her self through school, worked hard bought a house on her own. Moved several times to better the lives of her and her son. She got married con't to provide stability for him and has had to move with her husband and the army. They have not moved out of state. She went from full/primary parent all his life to a weekend a month. Sometimes judicial system doesn't rule correctly and needs another look. She is obtaining new lawyers and hopefully can get some real advice. I appreciate your opinions with the very little I shared.
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Old Aug 16th, 2012, 09:59 AM   #5
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Default Re: Overturning custody ruling

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Of course we are not happy with the outcome. Isn't one party or the other always dissatisfied. There is just alot to this case obviously that isn't detailed. The move IS the issue the only issue. Dad inherited land and money, where mom has struggled, put her self through school, worked hard bought a house on her own. Moved several times to better the lives of her and her son. She got married con't to provide stability for him and has had to move with her husband and the army. They have not moved out of state. She went from full/primary parent all his life to a weekend a month. Sometimes judicial system doesn't rule correctly and needs another look. She is obtaining new lawyers and hopefully can get some real advice. I appreciate your opinions with the very little I shared.
If 30 days have not elapsed, she is in the window of time to appeal. It will be up to her new attorney to review the record for grounds to appeal or vacate the decision.

When a case has gone to judgment, strangers who do not have access to the record, what was introduced and argued, cannot give an opinion worth anything.
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Old Aug 16th, 2012, 12:38 PM   #6
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Default Re: Overturning custody ruling

She can file for an appeal within 30 days in most states. After that, she would have to show a change in circumstance.

The judge may have taken into consideration the possiblity and likelyhood that her new husband may receive orders to transfer to another base, even farther away. Though, it is still odd that she only has one weekend a month, as every other weekend is the norm.

There must have been something in there to cause the judge to rule in that manner. If not, then she needs to appeal and at the very least get every other weekend.
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