Legal Question in Family Law in California
Misguided Justice
My wife recently lost custody of her two older boys. The father petitioned to get custody of the oldest because of what he perceived as favoritism by us toward the younger boy. The court appointed a minors' attorney that was extremely biased in her views of us as a family and it came across quite frankly in her report. Unfortunately this attorney was the exact same attorney appointed to them 3 years ago in an earlier dependency case where the older child received a spanking and told his teacher at school. We completed everything requested of us in that case and it was closed. Now the attorney and the judge appear to be focusing on this old case even though the father is not saying any of this old behavior is going on. The judge even awarded him custody of the younger son which he did not even request. We are at a loss for words here. I am wondering if it's wise for us to request an evidentiary hearing, a de novo hearing, a motion for reconsideration or just have an attorney file for an appeal ?
1 Answer from Attorneys
Re: Misguided Justice
Your question was as to the best course of action. The last option of having an attorney is the only choice that can be recommended. Only by reviewing the facts in your case can an attorney advise as to the advantage and disadvantage of each course of action.