She was awarded Sole Custody, time to appeal...help?

[riverbag]

Well the Judge bought her sell job and feels that I am controlling, so she ordered sole custody. There was no new evidence from the motion she filed and lost so can I appeal stating that the Judge erred because she based her opinion on my desire to communicate with a restrictive, controlling Ex who manipulated the access of the children from their Father and their communciation with him? The judge made a decision not based on evidence, but on her opinion...this is not Justice

[tugofwar]

Originally Posted by riverbag

Well the Judge bought her sell job and feels that I am controlling, so she ordered sole custody.

Controlling in which sense? Did you feel you came across as this? What evidence was brought forth to show your controlling nature? You seemed so confident that things worked in your favor

[riverbag]

The Judge saw my holding my ex accountable for not taking them to the doctor when they were sick, expecting her to feed my daughter something other than "Vanilla Ice Cream and Lucky Charms", not giving my oldest a chocolate bar with peanuts when my youngest has a peanut allergy, my wanting to go to my oldest's dance class on non access nights....etc.

The Judge states that no parent may impose their will on another Parent in the lives of the children, yes my ex imposed her will by taking them and rstricting my communication with them. The court allowed her to do this with no just reason and the length of time enabled her to create an environment of "stability" that the Judge was not comfortable changing. It's a joke and I'm not sure what to do except to appeal, but I have to prove the judge erred in law, so now I have to find the err

[rustedinnocence]

Awe....I'm so sorry

The more cases I hear about, the more I truly don't understand rulings.

[tugofwar]

Originally Posted by riverbag

The Judge saw my holding my ex accountable for not taking them to the doctor when they were sick, expecting her to feed my daughter something other than "Vanilla Ice Cream and Lucky Charms", not giving my oldest a chocolate bar with peanuts when my youngest has a peanut allergy, my wanting to go to my oldest's dance class on non access nights....etc.

The Judge states that no parent may impose their will on another Parent in the lives of the children, yes my ex imposed her will by taking them and rstricting my communication with them. The court allowed her to do this with no just reason and the length of time enabled her to create an environment of "stability" that the Judge was not comfortable changing. It's a joke and I'm not sure what to do except to appeal, but I have to prove the judge erred in law, so now I have to find the err

That totally doesn't make any sense. I know you are not suppose to try to control what goes on at the other parents house. But sometimes we have concerns though not life threatening except for the nut allergy incident and express ( guess depends on how we do it I guess) I think there are way worse controlling parents out there that get away with alot worse than what you have described.
I dont understand....

[riverbag]

Originally Posted by tugofwar

That totally doesn't make any sense. I know you are not suppose to try to control what goes on at the other parents house. But sometimes we have concerns though not life threatening except for the nut allergy incident and express ( guess depends on how we do it I guess) I think there are way worse controlling parents out there that get away with alot worse than what you have described.
I dont understand....

It's a Gender Bias, the judge stated that she was a "loving, caring nurturing Parent" with no evidence to support that conclusion, in fact I provided evidence to the contrary. The Judge said I was "Intense, focussed and uncompromising" again, with no evidence to support that conclusion. It's obviously a Gender Bias towards the Mother. The sad thing is that the Mother even said on the stand that she believes the children need to spend more time with her because she is the Mother, and no other reason!!! I would think that this is a slam dunk, but I thought that the trial was a slam dunk, the Mother lied on the stand, with no evidence to support her claims, her Father lied on the stand with no evidence to support his claims, they submitted no evidence in any way except their testimony and I provided hundreds of e-mails showing her controlling nature, her refusal to communicate (they do this so they say we CAN'T communicate and when we try harder they say we're overbearing...can't win on that one) and her lack of attention to the children's well being as well as testimony that I was the Primary caregiver when we were together and that she took the children from me without any valid justification....she stole them and used them to force me out of our home, used them to try and force me to sign a deal and has controlled them since day one.......but I'm the one who is controlling.

[dinkyface]

This is SOO familiar.

Looks like the judge has rationalized it using statements regarding 'mom's behaviour to kids' and 'dad's behaviour to mom'.

That judge should be forced to include in her/his reasoning statements regarding 1) 'dad's behaviour to kids' and 2) 'mom's behaviour to dad'.

But we know the answers why i.e. 1) Cannot possibly be in same league as mom, and 2) Will never be held accountable.

Obviously, since not a lawyer, and don't know full details I can't give an opinion on whether appeal is wise or not, but jeez, this doesn't sound right.

[Gary M]

Originally Posted by dinkyface

but jeez, this doesn't sound right.

Nope, sure doesn't. My gut feeling is that there's more to the story than that which was outlined above.

Gary

[billiechic]

Originally Posted by Gary M

Nope, sure doesn't. My gut feeling is that there's more to the story than that which was outlined above.

Gary

Mine too. hmmmm.

[dadtotheend]

Did you present positive evidence about your worthiness as a parent as opposed to negative evidence about the mother?