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APPEALS- what are the limitations to & requirements of appealing a civil court ruling regarding custody? Apellate court process?

Bloomfield Hills, MI |

Oakland County MI- mother found 'unfit' & to be 'danger to children' for making too many reports to CPS regarding suspected sexual abuse of 4 yr old daughter by father. Allegations were NOT unfounded; childs pediatrician, daycare provider & 'play therapist' all independently same to same conclusions from things they observed & they made their own individual reports to CPS as they are mandated to. However, O.C. judge ruled Mothers reports were false & her 'mental health' (ie:the reporting) posed a danger to the children's wellbeing. So she was stripped of all custody&visitation in Dec '12. Im a Legal Advocate, & I'd like to know what options are available to her in fighting this order.. For her sake, but especially to rescue this innocent child from her rapist!!! Educate me, please!! Help!

Attorney Answers 3

Posted

There are two courses of action. First, you could appeal. This is an "appeal of right" if it is done within the proper time period. If the ruling was in December, that time period might have passed. If it has, you must file an "application for leave to appeal" Very few individuals will do this properly on their own so hiring a lawyer is a must. The other option is to refile a motion with the Circuit Court Judge. As custody is always modifiable, a person can file a motion at any time to change custody, even if they have lost a previous similar motion. The reality is, however, that the Judge will not seriously consider a new motion unless there are changes in cirucmstances that have occured since the last motion. The best bet is to contact a quailified family law attorney to discuss your options. Good Luck.

So there is no misunderstanding, my answer to your question does not establish an attorney/client relationship with me or my firm and such a relationship will not be established unless and until you personally retain me or my firm to represent you.

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Asker

Posted

Thank you, this is very helpful!! I am trying to find her an appeal attorney, but her financial resources are limited so that too presents an added element to this situation... but I'm working on it. Thank you!

Asker

Posted

I do have one additional question.... If she is able to appeal this ruling, and the Appellate court DOES reverse the Circuit courts ruling; I know the case would go back down to the Circuit court level for an additional trial/hearing, but does it go in front of the same Judge? Can that Judge again issue the same ruling as the one that was successfully appealed? I feel like that isn't allowed, but I had another client in Oakland County who did get the Circuits ruling overturned on Appeal & then went through another trial in front of the same Judge.. and the Judge issued the Exact Same ruling as the order that was overturned in appeal! I feel like this is not appropriate conduct, but perhaps I am wrong?!

Posted

Attorney Olson gives you excellent advice. Please contact a local appellate attorney to assist your client with this time sensitive matter. Good Luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Time is of the essence, and competent appellate counsel who has experience in family law, and in custody appeals especially, should be consulted immediately.
LaurelStuart-Fink
(248) 626-5450

This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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Asker

Posted

Are you such an attorney? Or can you provide me with information on how to find such an an individual? This client has financial limitations, so that is a factor in finding an attorney as well.

Howard M Lewis

Howard M Lewis

Posted

Great counsel

Laurel Stuart-Fink

Laurel Stuart-Fink

Posted

Appellate cases are not inexpensive. You have had responses from several experienced attorneys, including myself. I would recommend you go to the next step and make some calls first thing next week to determine whether you will move forward with an appeal. Laurel Stuart-Fink (248) 626-5450

Neil M. Colman

Neil M. Colman

Posted

You might want to call Anne Argiroff who is an appellate attorney in family law matters. Her office is on Northwestern Hwy, between 12 and 13 Mile Roads. 248.615.4493

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