I have recenty relocated to Nashville Tn and went through a long and dawn out process to gain residental parenting rights to bring my two sons with me. Myex appealed the trial courts decison and they have overruled the trial courts decision. There is no mention of a time frame to have the parenting plan changed. The decison states judgement reversed and cause remanded. What does this mean? Why hasn't anyone reviewed how well the boys have adjusted?
Custody over turned by Appeals Court.. NOW What?
- Thread Starter sb42888
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Proserpina
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You really need to speak with an attorney.
Initial hearings are not commonly successfully appealed; the fact that the appeals court overturned the decision suggests that something was amiss. Was your ex properly served and all of that good stuff?
Now what basically happens is it goes back to trial.
How long have you been in TN? Who had primary placement in Ohio before then? How old are the boys and how involved was your ex before you relocated?
What kind of parenting plan did you offer?
(Sorry for all the questions - but they might help us help you further!)
Initial hearings are not commonly successfully appealed; the fact that the appeals court overturned the decision suggests that something was amiss. Was your ex properly served and all of that good stuff?
Now what basically happens is it goes back to trial.
How long have you been in TN? Who had primary placement in Ohio before then? How old are the boys and how involved was your ex before you relocated?
What kind of parenting plan did you offer?
(Sorry for all the questions - but they might help us help you further!)
courtreporterscopist
New Member
I am going through the same thing in Ohio - but mine is a little different. I lost custody after my ex PAID a counselor to write a scathing letter the included words like NEVER, EVER finishing up with a COUNSELOR with no real schooling and no college degree making a decision to take custody away from me. Everyone else in the court was recommending that me and my ex go back to 50/50 custody. And in comes this letter at the 11th hour and there was NO counselor on the witness stand to question.
So enough about me, my appeal will be heard in the appellate court in a month and I lost custody almost a year ago. But, I went to the law library and scoured the law book and the Internet about what happens when your appeal gets reversed and when it doesn't.
In your situation in Ohio let's just say that your last court covered January through April of 2011 - you then won custody and moved down to Tenn. Your ex filed an appeal and the custody ruling was reversed and remanded back to the original court you started with. Now, from what my appeal attorney (pro-bono thanks to the legal community) tells me, if my appeal is approved we go BACK to the same courtroom BUT we cannot enter any new evidence and they will only hear testimony for the same things you were in court for back in Jan thru April. They don't care where you live now, or anything that has transpired since April.
I constantly read the Appellate Court's rulings for my state to better understand the law and I wonder if I have read about your case.
I am NOT an attorney but I am learning fast on my feet during the last 6 years while my ex goes through his wife's huge stash of cash to keep me fighting the hard fight in court. Yes, I have lost my footing this last go round but, my ex has abused the judges decision so bad that alienation of affection is an understatement in my case. To add insult to this case, my judge was killed last month while out on a leisurely bike ride in his neighborhood. Now I have a judge who just came out of retirement and he is all about family.
One thing I have to ask is if you filed a Motion to Relocate in your case? Did the judge know you were going to be moving out of state? Were your ex's parental right severed in the last judgment entry?
As I stated these are things that are part of the Ohio laws I have been reading. If the judge knew you were moving out of state and he ruled that you could move and that you would have to file your custody/divorce papers as a foreign decree when you became a resident of Tenn. then that's not going to be an issue.
But, the bottom line in the Court of Appeals is very black and white - if your ex won the appeal, you get to go back to court in your prior state and do everything over again. No fun, expensive and if you haven't been to an appeal hearing, there is NO hearing. In my case, I asked the attorney to ask for an oral argument on the accelerated calendar back in Feb. 2011 and got an Aug. court date. So your ex filed this appeal awhile ago and you should have been notified. Did you have an attorney weigh in at the Court of Appeals on your behalf when your ex's attorney filed hers?
Best of luck to you.
So enough about me, my appeal will be heard in the appellate court in a month and I lost custody almost a year ago. But, I went to the law library and scoured the law book and the Internet about what happens when your appeal gets reversed and when it doesn't.
In your situation in Ohio let's just say that your last court covered January through April of 2011 - you then won custody and moved down to Tenn. Your ex filed an appeal and the custody ruling was reversed and remanded back to the original court you started with. Now, from what my appeal attorney (pro-bono thanks to the legal community) tells me, if my appeal is approved we go BACK to the same courtroom BUT we cannot enter any new evidence and they will only hear testimony for the same things you were in court for back in Jan thru April. They don't care where you live now, or anything that has transpired since April.
I constantly read the Appellate Court's rulings for my state to better understand the law and I wonder if I have read about your case.
I am NOT an attorney but I am learning fast on my feet during the last 6 years while my ex goes through his wife's huge stash of cash to keep me fighting the hard fight in court. Yes, I have lost my footing this last go round but, my ex has abused the judges decision so bad that alienation of affection is an understatement in my case. To add insult to this case, my judge was killed last month while out on a leisurely bike ride in his neighborhood. Now I have a judge who just came out of retirement and he is all about family.
One thing I have to ask is if you filed a Motion to Relocate in your case? Did the judge know you were going to be moving out of state? Were your ex's parental right severed in the last judgment entry?
As I stated these are things that are part of the Ohio laws I have been reading. If the judge knew you were moving out of state and he ruled that you could move and that you would have to file your custody/divorce papers as a foreign decree when you became a resident of Tenn. then that's not going to be an issue.
But, the bottom line in the Court of Appeals is very black and white - if your ex won the appeal, you get to go back to court in your prior state and do everything over again. No fun, expensive and if you haven't been to an appeal hearing, there is NO hearing. In my case, I asked the attorney to ask for an oral argument on the accelerated calendar back in Feb. 2011 and got an Aug. court date. So your ex filed this appeal awhile ago and you should have been notified. Did you have an attorney weigh in at the Court of Appeals on your behalf when your ex's attorney filed hers?
Best of luck to you.
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