on 12/3 I was given custody of my daughter with father given visitation. on 12/8 child reported things of sexual nature which was hotlined after she told mandated reporter. Judge held hearing on 12/16 and rescinded original order. Continued hearing on 12/22 and before attorneys had finished with witnesses or closing arguments called them back to chambers and advised she was going to give father custody. My attorney asked on what basis and she replied she didn't have to give her one. My attorney argued that the hearing should be completed and it was rescheduled for 1/29. In the meantime judge entered temporary order allowing child to be taken to father's home in Nevada (I live in Mo.) Daughter is 3. Advice--my attorney is at a loss. . .
First, I want to point out, that I am not licensed in MO, and, things might be different there. I am going to answer this question as though it were asked in PA.
Although the appellate court may ultimately deny the application for relief as interlocutory, you should be able to file an appeal seeking a review of the lower court judge's decision. This request for review will typically result in a stay of the lower court's jurisdiction pending the appeal. Typically, at the time you make the application for an appeal, you can also ask the appellate court (and trial court) for a stay of the underlying order. See, e.g., Pa.R.A.P. 1702(a). If your rights have been flagrantly violated, the appellate court may consider your application for relief and stay.
All this being said, your chances of an appellate court granting you relief before a final order has been entered are not good. And, the process of litigating a claim in an appellate court is extremely complex and expensive. You might be better off asking for releif from the trial court judge as part of a motion for reconsideration. Good luck.
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