Custody trial

Question Details:

We (my husband and I) live in a small town. We are good people and provide well for the child. The judge is against us completely and all for the grandparents. After our temporary trial they received every other week with the child. If we moved to a different county would we be able to get a whole new court and judge?

Asked 11/5/2009 under Divorce, Marriage, Alimony | 153 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Divorce, Marriage, Alimony Law Answers

The first thing you should do is talk with a lawyer about whether an appeal would make sense.

Courts have a principle called "res judicata," which is a Latin phrase meaning, roughly, the matter has been decided by the court.  That principle means that you don't get "two bites at the apple," a do-over on the exact same case.  An appeal is the only way you can properly challenge a bad decision.

If you move to a different county, though, that might change the case enough that you can get back into court.  The grandparents might start the process, because you would have made their visitation more difficult.  You need to get into the brutal details of this, with a good lawyer, to figure out what makes the most sense for you and for the child.

Related Divorce, Marriage, Alimony Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com