How can a custody change order be reversed if information judge used to make decision is false.
A child advocate attorney was appointed to represent the child, 13 year old female that had only just began forming a relationship with father who was absent for 11 of her 13 years. Child advocate stood and lied claiming child was terminated from her online school program,because she was not participating and mother was not involved, when in fact she could have been completely caught up by using Thanksgiving break to do make up work. Child was told by father not to do online school work anymore, because she would soon be moving with him and starting a new school anyway.
1 attorney answer
You may still have time to have the judge reconsider the order if you can show good cause for why you could not present the information you refer to contesting the child advocate's evidence. You have 10 days from the date the order after the hearing is entered to request this relief. Or 30 days if you can show you were prevented from offering the evidence by mistake, fraud, oppression or the like.
If you did present your evidence and the judge chose to believe the advocate over you, you probably cannot set the order aside. Judge's often have to choose whom to believe when there is conflicting evidence. What you can do is give the new arrangement some time and then bring an RFO to modify the arrangement if you have specific evidence it is not in the child's best interest.
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