Legal Question in Family Law in California
custody appeal
I have until the 18th of January to appeal a custody award of my two sons, 16 and 13, for whom I have been sole custodian for ten years. Their father, who is a domestic abuser has a current permanent abuse order against him and has been accusing me of abuse and neglect which
was investigated and he was found using the system and the children. When my husband of eight years and I decided to move to California after a brief separation, my sons father filed neglect and abuse. The Massachusetts Probate Court assigned a gaurdian ad litem who submitted a
fraudulent and incomplete report and recommended for the father. The judge was presented with evidence at the trial which proved this. His judgment read exactly as the gals report without any legal ground provided. I intend to file a complaint with the Judicial Conduct Committee in Mass, but I would like the appeal to commence in California. Is there a way to declare an emergency in order for my children to be here in California and have this state assume jurisdiction? I have been pro se during this process. Thank you for your consideration.
1 Answer from Attorneys
Re: custody appeal
You cannot appeal a Mass. court order in California. You must file the appeal in Mass and follow the rules of that state for an appeal.
you need to contact a California attorney immediately. There may be jurisdictional issues or other means to challenge the Mass order. You must move quickly in both the appeal and contacting a California attorney regarding a challeng of the Mass court order.