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chelcp
Dec 27, 2012, 01:05 PM
I have had custody of my son since birth he is now almost 13 years old. We lived in Pennsylvania for 10 years and relocated to north Carolina in 2010 per allowance from the judge. When my son was 3 his father reloclated 6 hours away still in Pennsylvania however never fought for custody. Now since we've moved to NC his father took a contract job in Saudi Arabia and was tine for the past year and a half. Due to this work contract there was limited visitation with the father due to his schedule and not my lack of allowing him time with his father. To add to this the judge assigned to our case knows my ex's family and the guardian ad litem graduated from the same high school the same year as my ex so needless to say it is a very bias court. Ive tried having the jurisdiction changed and was denied of course.

The judge made a ruling that he move with his dad starting school in Pittsburgh 1/2/2013 with no regard to the affect this is having on the minor child. Also when the GAL interviewed the child her report stated the child's wish was to stay with his mother. I'm a hard working parent have a great career and am remarried with a 4 year old child. My husband has advanced degrees and is also hard working and has a great relationship.with his stepson. We don't do drugs or have any mental issues we have a lot of friends and have built a great life for our family so thhere is no reason why custody would be taken from me. Please is there is any advise or help you can provide as we are desperate to regain our family.

ScottGem
Dec 27, 2012, 02:13 PM
Do you have an attorney? I suspect not otherwise you probably wouldn't have fared so badly. Except for the fact that the GAL stated the child should remain with you, I can understand giving the dad a chance. But it is rare that a court changes custody except for abuse.

JudyKayTee
Dec 27, 2012, 02:15 PM
I understand what the GAL's report said about the child's "wish" to stay with his mother. What does the GAL's report say about what best dor the child?

Your Attorney should be advising you on how to proceed. That may include a psych evaluation of the child.

(If you are without an Attorney you are at a very distinct disadvantage.)

chelcp
Dec 27, 2012, 02:32 PM
I do have n attorney yet because of the court bias as I explained in my original message the GAL is against me as well as the judge and we've asked for a stray and our next option is to reach out to the superior court. Not sure what my chances are. Thoughts?

ScottGem
Dec 27, 2012, 02:52 PM
If you can show that both the GAL and judge are acquainted with the ex, they should have recused themselves . So you have a good chance of an appeal on those grounds.

chelcp
Dec 27, 2012, 03:25 PM
I know for a fact they the GAL graduated the same year from high school. Very small town everyone knows everyone.and my Ex's dad delivers mail to the judge and has for years and knows her well and my Ex's brother is a police investigator and worked in the DA's office with the judge prior to her becoming a judge. It's a one sides case

JudyKayTee
Dec 27, 2012, 04:11 PM
I would be very, very careful not to make a claim that everyone is against you, that they are totally biased, that you didn't have a fair hearing, can't have a fair hearing until/unless you have concrete evidence.

Courts treat this with the same distain they treat "fathers always lose" when it comes to custody.

We've heard about your new marriage, well educated and well employed husband. What are the assets on the father's side of the table? He can't be a total loser if his request has overridden yours.

Or is everyone that prejudiced against you?

My suggestion? Hire a private investigator and prove what you are saying by reviewing other Court decisions and background and charting how your case with similar or the same circumstances had a different outcome from the others. Go to Court with that proof.

ScottGem
Dec 27, 2012, 07:04 PM
While I agree with Judy, you have a lawyer, let them handle this. They will know what they can get away with in court.