Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   How Many Times Can I File For Custody (https://www.askmehelpdesk.com/showthread.php?t=36079)

  • Oct 6, 2006, 09:50 PM
    CarlyT
    How Many Times Can I File For Custody
    I am filing for custody of my daughter very soon. My question is how many times, over and over (if I end up losing) can I file. Is there a limit on how often or how many times I can file. If there is no limit, it there a time restraint that I have to wait to file again.

    Any input is greatly appreciated.
  • Oct 7, 2006, 08:53 AM
    s_cianci
    Theoretically you can file as many times as you want. However the judge isn't likely to appreciate you constantly filing over and over again. In his/her eyes, once a decision is handed down, that's it unless you can later prove that circumstances have significantly changed to the extent that a reconsideration is warranted. Otherwise don't expect the court to constantly entertain your repeated motions for custody (assuming that you lose the first time.)
  • Oct 7, 2006, 02:29 PM
    CarlyT
    Thanks for the advice. I was hoping that repeated attempts (if they are necessary) would show that judge that I'm serious about getting custody and that I will not stop until I win. I didn't think about the judge getting mad about my multiple attempts wasting their time. I'll have to really think about that if I lose. Thanks again.
  • Oct 7, 2006, 06:17 PM
    Fr_Chuck
    My ex and were in court over 10 times for it over 14 years she would get, I would get, things changed.

    There is no set limit
  • Oct 10, 2006, 08:07 AM
    excon
    Hello again, Carly:

    The others are right, there is no limit. Repeated attempts are going to be necessary too, if you lose.

    However, instead of continually going back to square one, where a judge has ruled against you, you appeal his decision to higher courts. This can give you 3 or 4 shots at getting a good result with the same case- especially if the first judge is wrong. If that doesn't work, you file in the court where the HUSBAND lives (assuming you filed originally in the court where YOU live), and start over.

    The point is, you should never be in front of the same judge twice once he's ruled against you, for the SAME issue. You'll probably run out of money long before you run out of judges.

    excon

  • All times are GMT -7. The time now is 10:22 AM.