Is judges psychological diagnosis of my paranoia or her decision to deny minor's counsel, grounds for appeal in child custody?

Had joint legal and joint physical custody 50/50. Now have up to 8 hours supervised. Mother quashed child's LMFT records. Opinion was that I was unfit by child's LMFT with limited contact or evaluation of my fitness. False claims of verbal abuse. My psychologist, a real Phd., obtained after ex-parte, after several sessions, states that I am not paranoid. Have no anger or violence issues. Past charges of physical abuse stemming from mother attacking me. I did not respond in kind. She blamed me and was believed over me . Mother took child to LMFT after initial separation claiming child feared me. LMFT is using EMDR to treat PTSD for past 3 years. Child is desensitized to my parental authority. Mother asked for minors counsel. I agreed, asked mom to fund. Judge denied minors counsel - Is this your question? Add additional information
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Answers (2)

Stephanie Farr White

Stephanie Farr White

Contributor Level 6
Either is potentially grounds for appeal, but the concern here should be whether the statements are in place and time limits have been exceeded in your ability to file an appeal. Before you can file an appeal, you need to get a "statement of decision" from the judge that basically outlines the decision and the basis of that decision. You have 10 days from the date of hearing to request that statement. Then you have a limited window of time to give notice of intent to file the appeal and to actually file the appeal. You have to show grounds for your appeal either being the judge's abuse of discretion or a mishandling of law. You would be well served to meet with an attorney regarding your appeal.

Stephanie White
THE LAW OFFICE OF STEPHANIE WHITE
Simi Valley, CA
www.805Lawyer.com

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Richard Forrest Gould-Saltman

Richard Forrest Gould-Saltman

Contributor Level 7
I disagree to some extent with the prior answer.

First, I know of NO reported case in California reversing a trial court judge's decision not to appoint minor's counsel, and it is almost inconceivable that an appellate court would EVER make such a decision.
Minor's counsel is usually appointed when the judge believes that NEITHER parent is acting in the child's best interest; do you and your ex AGREE that NEITHER of you is properly acting to protect the child's best interests?

Next, appeals in child custody cases are rarely successful; successful appeals in custody cases in which the appealing parent was not represented by an attorney are even rarer. NOt only does the basis for the judge's ruling have to be preserved in a properly requested and prepared statement of decision (and if your hearing was less than five hours, the statement of decision must be requested BEFORE the matter is "submitted" for decision) but to successfully appeal from improper evidence admission or exclusion, the objection has to have been properly preserved during the trial.

I suggest you confer with an experienced family law attorney familiar with high-conflict custody cases, to find whether time, effort, and money** is better directed to an appeal or to addressing whatever problems
concerned the original trial judge and seeking a modification when they've been addressed.

**While it's only a ball-park rough number, I'd estimate that an adequate and proper appeal in a simple child custody case by a competent appeals attorney would probably cost a MINIMUM of about $10,000.
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