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jhensley35

appealing child custody

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The judge ruled  ..  I just get parenting time basically every other weekend an wensdays... my child is almost 4 can I appeal the judges ruling for one her mom an dad knew that judge.... this is in lawerncburg ind... i basically have no rights still she basically got what ever she wanted in court i even i had a GAL an she said i should have had him every weekend an the judge didn't even listen to her either i just feel the court didn't wana hear what we had to say is there anything i can do to keep fighting for the time to be with my son

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jhensley35,

 

Normally, you are allowed to appeal the decisions of a family court judge. Appeals must be made based on some error of law or fact. Those reversible errors are usually very specific and you should discuss your appeal with a family law attorney.

 

There are also time limits (30 to 60 days) so you should move quickly if you believe you have grounds for an appeal.

 

The FindLaw.com Team

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In any future posts, please make an effort to use something that resembles proper capitalization and punctuation so that we can more easily read and understand what you write.

 

 

 

can I appeal the judges ruling

 

Depends on how long ago the ruling was made.  Appeal deadlines are typically rather short (30-60 days is common).

 

 

 

her mom an dad knew that judge.

 

So?  I know lots of people, some of whom are judges, but that doesn't necessarily mean any of those judges would be required to recuse themselves from cases in which a family member of mine were involved.  Also, when the judge was assigned to hear your case, did you object to him/her being assigned and ask that the case be assigned to another judge?  If not, the appellate court might deline to hear your challenge now.

 

 

 

i basically have no rights

 

Nonsense.  Your own post says otherwise.

 

 

 

i even i had a GAL an she said i should have had him every weekend an the judge didn't even listen to her

 

There's a big difference between not listening to someone and ruling contrary to what that person says, and it's far more likely that the judge did listen to the GAL's recommendation but determined that it was not in the child's best interests to rule as the GAL recommended.  Keep in mind that, just because a GAL makes a recommendation, that doesn't mean the court must adopt the GAL's recommendation.  If that were the case, there'd be no need for judges.

 

 

 

is there anything i can do to keep fighting for the time to be with my son

 

Aside from appealing, you've got time to be with your son.  Every other weekend and one night during the week (plus alternating holidays, your birthday, father's day, etc.) is completely standard visitation when parents are divorced or not living together.

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