How can I appeal a judge;s decision on custody?

At a recent custody hearing in CA, I was awarded custody of my 15 year old daughter, on the condition that I move back to CA, get a job, and live in a 2 bedroom home, so she can have her own room. The judge made this decision (even though the child's attorney recommended my daughter be with me) and didn't take into consideration that I have a home, job, and life in AZ and could provide for her better here. I moved to AZ not only to be near my family, but to accept a job and live in a place where I can afford to live. I can't afford rent in CA because I just don't make enough there. If I don't fulfill these conditions, I lose custody of her to my ex (her step-father). Is their any way to appeal this decision?

by Krysty 13 Posts
Posted on 9/14/2009 1:38 PM

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Tags: custody , living out of state

Answers for "How can I appeal a judge;s decision on custody?" (4) (You must be logged in to answer)

you can't go to a higer court until you appeal in the one you are in first - the same judge has to hear your reasons, and you have to show proof on how the judge made a legal mistake - not just because you don't like what you were ordered to do.

He went by the GAL's decision, the child stays with you - the problem with that is that you just don't like that there are conditions to it. That is what happens when you don't do things right in the first place.

by spaznskitz 7745 Posts
Posted on 9/15/2009 11:09 AM

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that is tough i say keep trying in a hire court

by mbiello 2 Posts
Posted on 9/15/2009 9:44 AM

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No you can't - wait, let me rephrase that, you can appeal, however you will lose and have to pay all court costs and his attorney fees for bringing the action.

What is important is that the child is close to both parents, not that *you" are happier where you are. You moved without the approval of the court - therefore, the court can pull you back to the state as CA still has jursidiction over the child.

You screwed up, now it is going to cost you.

by spaznskitz 7745 Posts
Posted on 9/14/2009 9:41 PM

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Please post this in legal questions. We have an attorney on this site that can advise.

by mtnvly 3539 Posts
Posted on 9/14/2009 2:11 PM

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