Community› The Bump Message Boards› Single Parents
Single Parents
New Discussion

BD filed an appeal...any experience?

mdotm0904mdotm0904 member
in Single Parents

Hi ladies,

quick question. we went to court on 8/3 where I was awarded sole legal custody and primary residential custody. BD gets EOW visitation and 3 hours on Wednesdays. I looked up on our state website today that he filed for an "in blanc review", which is pretty much a poor man's appeal. I'm just wondering if anyone has had any experience with someone filing an appeal of a judge's decision. From just a quick google search it seems like they'll get a 3 judge panel to review the decision and see if it was legally sound, but they won't re-hear the facts and determine if they would have made the same determination or a different one. I'm not really too nervous about it. But i'm just curious if anyone has had any experience with an ex filing an appeal.

i'll call the self help center tomorrow and see if they can explain the process more. I can't call my lawyer yet because I need to come up with $500 to retain her again.  

Lilypie Second Birthday tickers
Report Reply to Post

Re: BD filed an appeal...any experience?

  • mdotm0904mdotm0904 member
    oh ok. yeah this isn't going to the appellate court, but still staying in the circuit court, just to a 3 judge panel. 
    Lilypie Second Birthday tickers
    Report Reply
  • Loading the player...
  • keychain01keychain01
    Me EX "filed" an appeal. But somehow he filed the wrong papers. My lawyer knew that he filed the wrong ones so he told me I really didn't have to show up because the judge wouldn't be looking at anything. I did though, and as my lawyer said the judges came in sat down and said that he filed the wrong paper work and proceeded to tell him that eventhough they influenced people trying to represent themselves, he really should have spoken to a lawyer before trying to appeal a judge (they said it more nicely than I am writing here). Something else my lawyer said is most judges really don't like to go against what another judge has ruled (forgot the term) unless its completely crazy! We were there a total of 10 minutes and the appeal was dismissed. Have faith, and good luck!
    Report Reply
  • preggersin2011preggersin2011 member
    I could see if a situation or circumstances have changed, but if they haven't i would take it as blowing smoke.
    Report Reply
  • kllrbnnykllrbnny
    Is BD using a lawyer? Both you and your lawyer should have recieved a copy of the filing if this is the case. Also, is your lawyer that much of  a hardass that she won't let you call her on a continuing matter until you give her another $500?
    Image and video hosting by TinyPic BabyFruit Ticker
    Report Reply
  • mdotm0904mdotm0904 member

    i'm sure he's just blowing smoke. he's REALLY unhappy with the way the judge ruled so I think he's trying to find any way he can to have it overturned. he doesn't have a lawyer even though he's claiming that he's going to be re-hiring an attorney that he had previously (not in this case, but another). he filed the papers himself, I haven't received a copy in the mail. But I work at the courthouse and I check my name on a weekly basis just to check if he has filed anything and I saw it yesterday. 

    i'm pretty sure i could call my lawyer, she's really nice about things like this. she walked me through a situation with him last week where he called the police on me twice. So i'm not trying to call her for every single thing that involves him until I can pay her again.  

     

    Lilypie Second Birthday tickers
    Report Reply
  • kllrbnnykllrbnny
    imagemdotm0904:

    i'm sure he's just blowing smoke. he's REALLY unhappy with the way the judge ruled so I think he's trying to find any way he can to have it overturned. he doesn't have a lawyer even though he's claiming that he's going to be re-hiring an attorney that he had previously (not in this case, but another). he filed the papers himself, I haven't received a copy in the mail. But I work at the courthouse and I check my name on a weekly basis just to check if he has filed anything and I saw it yesterday. 

    i'm pretty sure i could call my lawyer, she's really nice about things like this. she walked me through a situation with him last week where he called the police on me twice. So i'm not trying to call her for every single thing that involves him until I can pay her again.  

     

    I can understand not calling her for everything. Since he filed this himself I'm going to say that my thinking is that an en banc review is not the type of thing that is generally filed for a typical custody case. It generally isn't the type of thing that is filed for any type of normal case from what I understand. So the chances of it getting dismissed off the bat seem high.

    My ex didn't like that I was awarded sole custody (for a second time) and filed for a new trial. He was denied. Then he filed an appeal. That is not the type of thing you can do on your own. First he had to get the trial transcribed and then he had to file a brief and then we had to file a brief-actually ours is due on friday- and then the court of appeals looks at it. When they are done they will set a court date. They will come in with their decision pretty much made. They may or may not ask a couple of questions to clarify and they may or may not allow each side ten minutes to state their case.

    The thing about any sort of appeal for a custody issue is that the standard of law for custody & visitation is the best interest of the child. There are so many variables that these matters are pretty much at the discretion of the judge at trial. And the appeals judges aren't going to be too quick to say that another judge was way out of line in their ruling. And that is basically what it would have to come down to.

    So, yeah, I wouldn't worry about this particular thing. Relax to the best of your ability.

    Image and video hosting by TinyPic BabyFruit Ticker
    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards
"
"