Custody Question

[warrenwhite]

Last week I went to a emergency custody hearing, before a Friend of the Court Referee. Long story short. My soon to be X husband, to our daughter and I have not seen her since Decemeber 17th.

The referee ruled in my favor, for me to have physical custody, and X is to have weekend visitation. My husband was to bring her back to me at the end of last week. He didn't. He has filed an appeal. Therefore we will go before the judge that is handling our divorce on Feb. 1.

My question is, what is the likelyhood of the judge reversing the referee's recommendation that I recieve physical custody?
Have anyone ever heard of this happening?
When the judge makes his ruling, does this mean it's final and the X have to go by the ruling?
Will the judge take in consideration that I have not seen our child since Decemeber, and work in my favor, so I can get her that day of the ruling?
Does the judge make a decision that day? Or does he have to decide on another date?

I knowI have a lot of questions, but I need to have some answers.

Me nor my husband have attorneys, we cannot afford one.

 

[Proserpina]

Last week I went to a emergency custody hearing, before a Friend of the Court Referee. Long story short. My soon to be X husband, to our daughter and I have not seen her since Decemeber 17th.

The referee ruled in my favor, for me to have physical custody, and X is to have weekend visitation. My husband was to bring her back to me at the end of last week. He didn't. He has filed an appeal. Therefore we will go before the judge that is handling our divorce on Feb. 1.

My question is, what is the likelyhood of the judge reversing the referee's recommendation that I recieve physical custody?
Have anyone ever heard of this happening?
When the judge makes his ruling, does this mean it's final and the X have to go by the ruling?
Will the judge take in consideration that I have not seen our child since Decemeber, and work in my favor, so I can get her that day of the ruling?
Does the judge make a decision that day? Or does he have to decide on another date?

I knowI have a lot of questions, but I need to have some answers.

Me nor my husband have attorneys, we cannot afford one.

It's possible that the judge will reverse - but generally only if there's been a serious error made. Judges won't reverse simply because one party doesn't like the result.

If the judge upholds the referee's recommendation, your ex will be able to appeal. But there's only so much he can do - and if he does appeal, his appeal must be made on the premise that there has been an error of law (again, just because he doesn't agree, doesn't mean he has grounds to appeal).

The decision will usually be made the same day, but this can vary too.

If the decision is made on the same day you may be able to get your daughter the same day but again, it can vary.

I'm sorry there are no real definite answers, but there's really no way to predict what's going to happen.

 

[warrenwhite]

The only reason he has for appeal is because, he did not like the recommendation. He has a criminal past( I was not aware of this prior to marriage) I did not have to show these records to the referee, for him to make the decision to grant me physical custody. Will I need to show the judge my evidence? Also since STBX has kept our child away from me and her sister, is that a good grounds to ask the judge to order supervised visits for STBX?

 

[Proserpina]

The only reason he has for appeal is because, he did not like the recommendation. He has a criminal past( I was not aware of this prior to marriage) I did not have to show these records to the referee, for him to make the decision to grant me physical custody. Will I need to show the judge my evidence? Also since STBX has kept our child away from me and her sister, is that a good grounds to ask the judge to order supervised visits for STBX?

No, the judge will rule based upon what has already been presented to the referee.

It's unlikely that you can justify, at the moment, supervised visitation for your STBX.