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    Donna Rideout's Avatar
    Donna Rideout Posts: 1, Reputation: 1
    New Member
     
    #1

    May 29, 2013, 03:03 PM
    How can I know if I can appeal a Family court decision that even CPS thinks was wrong
    I was given a baby and temporary guardianship. The baby was given, unjustly to the birth family after the visiting judge was told the birth mother was not bonding and didn't want more time together, but the aunt said she would take let them move in for as long as it takes, when originally No one but me wanted the baby. Now it's as if the aunt is raising MY baby, and NOT BIRTHMOM. This family has bad history, and this baby is just another welfare check. Is there ANY possible way to get the case reviewed by a different, unbiased, judge? I am desperate, as the family won't even let me SEE the baby I loved and cared for, for nine months and was promised that the bio mom would NEVER WANT HER... which she doesn't. PLEASE HELP ME!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    May 29, 2013, 03:10 PM
    I am reading your pain - but this is not your baby. The Judge may feel that being with family is an advantage for the child. It's supposed to all be for the best interests of the child.

    Did you have an Attorney?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 29, 2013, 05:42 PM
    If you want to appeal this decision, you will need an attorney. An attorney can review the case and determine whether there are grounds for appeal.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 29, 2013, 05:55 PM
    It appears you did not have an attorney, you will have little chance of winning, if you are not family, but have really no chance iwthout an attorney.

    If CPS really feels this way, will the case worker testify in court ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    May 29, 2013, 06:40 PM
    Appealing is not a matter of throwing the die and hoping for a better result. You have to have groiunds for appeal. Such grounds might include such thiings as:
    • the judge applied an incorrect rule of law;
    • the judge improperly considered, or failed to consider, some evidence; or
    • the judge was improperly influenced.


    As someone else has said, an appeal is something that really needs a lawyer who knows the ropes. You have little chance succeeding at an appeal on your own.

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