Is a good litagation attorney really better than actual facts?

Judge heard factual evidence of molestation of child by non custodial father. He ruled against mother and threatened to give father custodial rights and mother get non custodial if cps closes case. The father's attorney would not let therapists or nurse speak backed by judge.Mothers attorney gave code of professional allowed to give testimoney. Judge said no. Judge told father not to answer question about refusal of polygraph. He won the litigation side...which in turn won father more rights and made mother look like the one in the wrong when child has told multiple people about molestation. Mother has made only one report, others including police officer made the others.A case is still open against father with CPS. Is this really how things work legally? Can judge be overturned

League City, TX -

Attorney Answers (2)

M Elizabeth Gunn

M Elizabeth Gunn

Criminal Defense Attorney - Galveston, TX

Unfortunately, it's hard to say given that I wasn't there whether the ruling could be overturned or not. Certainly, it does sound like some material evidence may have been excluded, but there may have been valid reasons for that, and even if not, your lawyer may have failed to properly preserve error, which could mean that an appellate court would likely not have any ability to do anything about it. Or maybe the evidentiary issues were erroneous, and were properly preserved, and were serious enough to be grounds for reversal. And then again, as Mr. Dick pointed out, if this was heard by an associate judge, it may not matter, because you'd be entitled to do it all over again, and if the problem really was just the judge, hopefully things would go better next time.

I noticed your posting gives League City as your address. I practice in Galveston, so if this was a Galveston County judge, I'm a bit curious as to which one it was, if you don't mind sharing that (if you do, don't feel obligated, and if you'd prefer not to post that information publicly, you're welcome to email me). Good luck getting your case straightened out--I'm sorry you and your daughter are having to deal with this.

Eric B. Dick

Eric B. Dick

Insurance Law Lawyer - Houston, TX

If this is an associate judge or a judge for IVD court, you can seek a de novo. If this is a final order you can seek a motion for new trial. If these were temporary orders, you can seek to have them modified.

I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.


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I offer free consultations and am quite familiar with family judges in Harris County and nearby counties. LEGAL... more

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