Brother just lost joint legal custody anyone ever appeal a court order
So after being in court for over two years trial finally ended last month for my brother. He has had legal joint custody of his twin daughters for the last 8 years but now the judge gave full legal custody to his ex wife. He still has split 50-50 visitation. Long story short his ex has more money and had a better attorney. My brother has no criminal record drinking problem drug problem or abuse charge. His attorney wants to meet with him next week to discuss how to handle this and I'm going with him since he's a wreck and has no one else to support him. My brother wants to appeal this and bring it to Supreme Court has anyone here done this? Do you think its worth it? What are his options if anything? Once this goes to trial and the judge makes his ruling is there anything he can do?
Our lawyer said to not bother
Our lawyer said to not bother... we would have a better chance with a change of circumstance to change anything.
What do you mean "change of circumstance"
Are you talking about trying to kiss the ex-wife's butt in hopes of striking a deal with her or make the judge think my brother "saw the light" so to say?
Change of circumstance
Change of circumstance normally relates to change of location, finances, needs of the child, etc. Just something external that changes and could potentially have an affect on the kid.
Appeals
Appeals are heard if there have been mistakes of law, not because the ruling didn't go his way. Before he invests more money in an attorney, review the finding to see if the judge did make an error. If he can't find anything, he should focus his arguement on what is best for the children. Why isn't it in their best interests to spend 50% of their time with mom and he should have proof of any allegations he may make. He should also think about the possibility that mom may not really want 50/50 once she sees how much 'work' it really is and that it will limit her free time. In other words, give her enough rope to hang herself.
Can I ask the reasoning the
Can I ask the reasoning the court gave in ruling in BM's favor?
You stated your brother wasn't a drug user, drinker, have a record blah blah. The things you listed would be perhaps cause for a loss joint physical custody .... but that's not what he lost if he still has a 50/50 parenting time split.
Joint legal custody usually refers to education, medical and religion. If he loss joint legal in these areas it means BM has the decision making power in these areas.
Did BM and your brother have major issues in mutually agreeing on these topics.
In an appeal he'd have x amount of time to file and try, success rate isn't great and he may end up paying for not just his court/lawyer fees, but also BM's.
Waiting for a change in circumstances would give your brother a chance to bring forth attempting to once again open the topic of joint legal custody.
And no, change in circumstance doesn't mean kissing BM's behind , his lawyer will explain circumstance change that would qualify for again modifying/changing the current order... but I'm curious as to what you mean by " make the judge think my brother "saw the light".... what "light" did the judge not believe your brother "saw" ?
He lost Joint legal custody so exwife can now make all
Education, medical religion decisions. He still has 50/50 visitation. The judge ruled in her favor because they could not agree on "co-parenting" issues. Basically his ex wanted to control how he ran his house and decide what rules he should and should not have. My brother stood his ground and did things his way in his home. He ex put up a good front and had the best attorney in the area. He ex wanted to go to "therapy" but they tried that once before and all she did was complain he was not doing things "her way". My brother refused therapy with his ex because he knows all she wants to do is harrass him. The judge did not like the fact my brother refused this. So I'm not sure what would be a change of circumstance for my brother? If he agreed to go to therapy with his exwife???
If parents can't cooperate
If parents can't cooperate and get along, sole decision making has to given to one party, otherwise there would be nonstop gridlock with these kids. It doesn't mean he is a bad parent, in fact, having 50/50 is a sign that he is a good parent, and the judge wants him to have equal time with the kids, which he should be grateful for, because many parents don't. And if he feels BM is making crazy decisions, he can still bring her decisions to the attention of the court. Further litigation will prove the judge's point: these parents cannot get along. Really, sole decision making isn't that big a deal, unless she joins a cult, or decides to start giving the kids elective surgery, or she suffers from Munchausens, or enrolls them in a $50k private school and expects him to pay half. And if any of these issues arise, they are not reasonable, and he will have recourse. Appealling the judge's decision is a good way to piss him off and prove you are not reasonable.
Why do I have the feeling
That if it was the BM seeking to retain legal 50/50 custody the judge wouldn't have a problem with different parenting styles or the BM not wanting to go to therapy?
Hmmmm
I had every intention of
I had every intention of appealing the outcome of our first court battle. After further review and speaking with several attornies I chose to not appeal. The odds of success in appealing a family court decision are roughly slim and none. Since there basically is no legislated law governing Custody/Visitation/Suport and it is all case law with the Judge having full discretionary purvue over their rulings success in appeal is very rare... according to our killer shark attorney well versed in handing a toxic blended family opposition their own ass in court.
A procedural error not withstanding... appeal is likey not worth the time and money it would take to pursue. Our attorney likened appealing a family court decision to throwing good money after bad.