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Another Appeal update

cole2144cole2144 member
in Blended Families

So we got BM`s statement of errors for the appeal since yesterday was the last day she could file it. The list was a mile long and 99 percent of it was ridiculous. "The judge erred in even finding father credible, did not force him to meet his burden of proof,  mother is more likely to encourage contact between the other parent and the child (that one is entirely laughable), father has attempted to turn child against mother (try the other way around), the list goes on and on. Basically she took issue with every single thing at the trial. The only thing that we feel is actually credible is the fact that the judge stopped the proceedings during our lawyer`s questioning of BM and said she heard enough and that both parents obviously provided the child with loving homes. So there were no closing arguments. We will see what happens next.

No one else will ever know the strength of my love for you. After all, you are the only one who knows what my heart sounds like from the inside.
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Re: Another Appeal update

  • PhantomgirlPhantomgirl member

    Well the only words of comfort I have is that judges stick together. They consider themselves to be above reproach. Hence they do not like to be told they or their colleagues erred on anything.

    Seeing as her list is enough to irk me, I imagine she is already on the wrong side of the next judge.

    O I so hope its the same judge! Is that a possibility?  If so can you record it please???

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  • Banana44Banana44 member

    She's using the 16 factors that must be used to determine child custody in PA.  I forgot to e-mail them to you, but here they are:

    (1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
    (2) The present and past abuse committed by a party or member of the party?s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
    (3) The parental duties performed by each party on behalf of the child.
    (4) The need for stability and continuity in the child?s education, family life and community life.
    (5) The availability of extended family.
    (6) The child?s sibling relationships.
    (7) The well-reasoned preference of the child, based on the child?s maturity and judgment.
    (8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
    (9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child?s emotional needs.
    (10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
    (11) The proximity of the residences of the parties.
    (12) Each party?s availability to care for the child or ability to make appropriate child-care arrangements.
    (13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party?s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
    (14) The history of drug or alcohol abuse of a party or member of a party?s household.
    (15) The mental and physical condition of a party or member of a party?s household.
    (16) Any other relevant factor.
     
    All the judge needs to do is prove she used these 16 factors and found that both parents have met these factors equally and the appeal would end.  These 16 factors were passed ion December of 2010.
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  • PhantomgirlPhantomgirl member

    Banana aren't you a smartypants!

    Huh, well that is reassuring Cole. 

    I am pretty sure BM is just wasting her, and your, time.

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  • Banana44Banana44 member
    imagePhantomgirl:

    Banana aren't you a smartypants!

    Huh, well that is reassuring Cole. 

    I am pretty sure BM is just wasting her, and your, time.

    Ha!  I just happen to live in PA and have to deal with a crazy BM - it has been in my best interest to stay up to date with the law! 

    But I'll take smartypants anyday!!!

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  • FutureMrsWittigFutureMrsWittig member
    I hope you're suing her to recoup some or all of your legal fees.  This is annoying.
    Mama of 2: one who grew in my womb, both who grow in my heart.
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  • nattyncbridenattyncbride member
    I just want to say I'm sorry and I agree with PP about her paying for attorney fees.  Mostly, I'm just sorry you are still going through more muck, but am glad you have your SD 50% of the time!!
    If being a math nerd is wrong, I don't wanna be right!
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  • twister22twister22 member
    BM's crazy. I could see the judge giving her a chance at closing arguments and then still awarding you 50/50.
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  • NineoceansNineoceans member
    So sorry. Her bitterness is showing though. If I were an appellate judge I would just chuckle. Her attorney has to feel like a fool bringing that all up
    Baby Birthday Ticker Ticker
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