Legal Question in Family Law in California
child custody appeal
Hello,
A couple months ago I was awarded physical custody of my two beautiful daughters. Their mother is in the Marines and recently returned from deployment. Before my ex-wife's deployment, she had custody of our daughters. Before she left on deployment, we both went to court and I was awarded temporarily physical custody of the kids. While she was gone, she called and spoke to my daughters almost everyday. When she returned from Kuwait, we both went to court. The judge orded an evaluation before deciding wether my kids were going to eturn to their mother or stay with me. I was able to prove that during the time my kids were with me, they did very well. That's when court awarded me physical custody of our girls. Like I mentioned before...now their mom is appeling the descision. I love my daughters more than anything in this world. I have to admitt that I'm afraid of loosing the appeal. What are her chances of winning the appeal?. I would like to go on vacation with my daughter's to Mexico this Summer, can they leave the country on vacation during the appeal?. Please help me. Any advice will be greatly appreciated it.
Thanks,
--name removed--P.
3 Answers from Attorneys
Re: child custody appeal
No one can answer your question except to say it is possible for her to win on appeal. However, the odds are on your side, very few appeals are successful. You should retain an attorney to represent you on the appeal. Appeals are time consuming and require a great amount of legal research. Don't wait until her brief is filed to retain an attorney.
Re: child custody appeal
It's a process, if the mother wants to keep litigating this, you have to be prepared to continue to fight it. It's not in th best interest of children to be denied access to both parents. You can always try to mediate with your wife and work out a custody arrangement.
As always please consult an attorney prior to taking legal action. Good luck!
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Re: child custody appeal
Whether you can take the children to Mexico will be governed by your existing court visitation orders. the appeal should not affect that if you would otherwise be able to take them out of the US.
Something to know about the appeal is that, most custody disputes are not themselves settled on appeal. They most often are "remanded" or sent back to the trial court to decide (usually in the same original court building but not usually by the same judge).
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