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Determined mom · Jun 30, 2012, 07:18 PM

I need help appealing a custody ruling in which my children ate being ordered to relocate almost 2 hours away from me. I have been pcp since the divorce. The court did not deem me unfit. They also did not take my work schedule into consideration and I will never see my kids if this takes place. Also I have an fro against my husband. I am in NJ

ScottGem · Jun 30, 2012, 07:25 PM

Fro? If you were primary custodian (pcp?) why the change?

cdad · Jul 1, 2012, 04:06 AM

Originally Posted by ScottGem

fro?? If you were primary custodian (pcp?) why the change?

FRO= Family Restraining Order.

PCP = Primary Custodial Parent.

As far as finding a probono lawyer there are income levels that have to be met and it varies per jurisdiction. Unless there is a true compelling reason to vacate the previous order or to have it over turned then there may not be a fight to make. Did the courts make a mistake in your case as it was heard or is there some other reason. Not liking the outcome isn't good enough to revisit an order or to contest it. There has to be much more then that.

AK lawyer · Jul 1, 2012, 06:44 AM

Originally Posted by califdadof3

...
As far as finding a probono lawyer there are income levels that have to be met and it varies per jurisdiction. ...

Actually the decision to take a pro bono case is entirely that of the attorney. I think you are thinking of legal aid. If I practiced in New Jersey, it is extremely doubtful that I would take this case on a pro bono basis. The practice of law is a business. If you don't make money you don't stay in business. And I just don't see success likely.

ScottGem · Jul 1, 2012, 07:44 AM

Agreed, some local Bar associations set a standard for the amount of pro bono work an attorney or firm does. but attorneys take on pro bono work for a variety of reasons. The case could have meaning to them, or it's a high profile case that will get them publicity among other reasons. Not thinking you can afford it is not likely to be one of the reasons.

That's why I asked for additional info. Give us a chance to gauge the merits of your case and we can offer our opinions on the viability of your case.

Determined mom · Jul 1, 2012, 10:40 PM

Originally Posted by ScottGem

Agreed, some local Bar associations set a standard for the amount of pro bono work an attorney or firm does., but attorneys take on pro bono work for a variety of reasons. The case could have meaning to them, or its a high profile case that will get them publicity among other reasons. Not thinking you can afford it is not likely to be one of the reasons.

That's why I asked for additional info. Give us a chance to gauge the merits of your case and we can offer our opinions on the viability of your case.

The case originated by my filing a removal application and for an increase in child support of which I was entitled to via the terms of the PSA agreement. My x fired back with a motion seeking sole custody. While during a period while I completed my college degree I do admit to having to move many times due to financial hardship, I feel those moves would have been eliminated had in has the opportunity to reside at my mother's home. I did the best I could with limited financial means and I truly believe achieving a college education will have long term positive benefits for my children. I am not have been a drug abuser , alcoholic or found unfit to care for my kids, even by the Judge. The Judge feels that because my x has rented his home for 3 years that the children should attend school in his area. My children up until this point have been well adjusted honor students who are now being psychologically impacted by a change they do not desire. If I do not relocate I can not see my children for weekend parenting time because my job requires that I work weekends. Also, I am not financially capable of relocating anytime soon.

ScottGem · Jul 2, 2012, 03:05 AM

Originally Posted by Determined mom

The Judge feels that because my x has rented his home for 3 years that the children should attend school in his area.

Courts do look for stability. And that being said, I'm not sure I see grounds for appeal. The only possible grounds would be if there were psych evals done that showed the children would suffer from being removed from close contact with you and these were not taken into consideration.

You may have to wait until you can show a stable situation and then ask for custody to be returned.

Determined mom · Jul 2, 2012, 07:13 AM

Originally Posted by ScottGem

Courts do look for stability. And that being said, I'm not sure I see grounds for appeal. The only possible grounds would be if there were psych evals done that showed the children would suffer from being removed from close contact with you and these were not taken into consideration.

You may have to wait until you can show a stable situation and then ask for custody to be returned.

I am in a stable situation. Also, I feel I need mention that though in the past I had to do some shuffling around, I kept the children in the same geographic location they were in since they were born. I did not want them to lose friends and activities that they are involved in. It was my x who decided to move so far when he met his current wife. The Judge did not take my psych experts report into consideration because I paid for it and because it wasn't as long of an evaluation as the court experts eval. But the Judge only gave her 90 days to complete her eval while he gave the other expert 2 years... Also my x paid for that expert so where is the fairness ? And what about the children's wants, parents ability to communicate and parents work schedule ? Things like that need to be taken in to consideration as well , am I correct? How are we moving me closer to this lunatic with an FRO? My kids are suffering I had to get them psych help and the transition did not even take place yet. Mind you the Judge deemed me a fit parent .

ScottGem · Jul 2, 2012, 09:27 AM

Yes, there appears to have been some unfairness and possible grounds for appeal now that you have expanded. On the other hand, such a ruling is unusual in the face of what you have said, so I wonder if something else isn't going on here.

You need to get an attorney or, at least, have someone prepare the paperwork and a strategy for you.

Determined mom · Jul 2, 2012, 10:04 AM

Originally Posted by ScottGem

Yes, there appears to have been some unfairness and possible grounds for appeal now that you have expanded. On the other hand, such a ruling is unusual in the face of what you have said, so I wonder if something else isn't going on here.

You need to get an attorney or, at least, have someone prepare the paperwork and a strategy for you.

There truly is nothing else. I just need to find someone willing to help me and my children. Everyone that knows this case well, including professionals do not understand how this is happening .