I hired a lawyer to do a modification of custody/child support. Per our papers in 2005 we had 50/50 time sharing and no one paid child support. Things have changed over last few yrs, and he has only been with his father every other weekend. Also, he had not seen his father the last 6 months, so support has been all on me. My son wants to live with me not his father. He is 15 yrs old and the judge refused to speak to him on what he wants. I was not awarded any child support and the judge is making us go back to our original time share. Not only does my son not want to stay with his father, but we live an hr away from each other which will not work for the original time sharing because the week days are split.I am no longer using my lawyer and don't know what my next step should be.
I agree with the other attorneys that you should find another lawyer to evaluate the merits of an appeal from the trial court's order. However, in order to protect your right to an appeal, you must file a notice of appeal in the trial court within 30 days of rendition of the trial court's order. You can find a form notice of appeal and instructions on filling it out at the attached link.
In order for any lawyer to give you proper guidance, we would need to see the original timesharing agreement/order, petition for modification and, most importantly, the latest ruling. Then and only then can anybody give advice. That said, an appeal of a judge's timesharing has little, if any chance, of being reversed on appeal.
Mr. Miller is right about an attorney needing to see the orders and relevant petitions that are involved before giving you advice.
I encourage you to NOT do this alone. You should speak with an attorney about your options, including your right to appeal and the procedural concerns that apply.
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