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    BABYDOLLNJIZZIM's Avatar
    BABYDOLLNJIZZIM Posts: 1, Reputation: 1
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    #1

    May 21, 2011, 10:18 PM
    Appealing final decision in custody battle
    I have a friend who went to court to get her disabled daughter back. She was priorly arrested for a drug related crime and was sentenced to complete a prop 36 drug program and did complete the requirement by the courts and probation. The judge ruled that she is to do a year long program and submitt hair folicule test when they want it done. How can she appeal this decision?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    May 22, 2011, 04:02 AM
    She can pay for a good lawyer, but will probably lose.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 22, 2011, 06:10 AM

    She has no chance of winning an appeal. Why can't she just stay straight and put in the Court-ordered time?

    You say this is a custody battle. Where is the child now? With the other parent?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 22, 2011, 06:36 AM

    She can file an appeal, if there is a reason for it ( beyond losing) but it seems like a fair and normal ruling. In fact beyond that, since many times, they just say no, and not allow a program for it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 22, 2011, 08:08 AM

    It sounds to me like there are two separate things here. When she was arrested for the drug related crime, the criminal court ordered the Prop 36 program. If that's the case, then that has little bearing on Family Court. When she was arrested, I assume that Family Services, took the child and placed the child with either the other parent or a foster parent. Did that court make any ruling about what she needs to do to regain custody? I suspect not, and that it was simply left for her to reapply when she finished the program. The Family Court judge has now decided she needs to provide more proof that she is clean. Family Court judges have pretty wide leeway in situations like this. And I doubt if any appeal will be found to have merit.
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