Hello, I need some advice with my family court situation. We lost our case from Judge Leary back in 2012. it is a family court matter. I judge rule over and gave my parents the sole and physical custody of my children. there's a lot of discrepancy with the whole case. I dont think that he should've have order the full custody because morally he took my kids family. Me and my fiance been together for 16 years. I went to prison for a year for bank robbery. this is the worst decision i made in my life and i regret every single day i think about it. but 5 years after we lost the custody of our children I fixed my life, been working in the same company for 4 years, we have a rent to ow house and basically I am doing good for my self. I filed for motion because my parents finally told me that they really don't have any intentions of return our children to us. we had the hearing today and the judge denied out motion due there i no cause. my question is what is this base off? when he said that there is no cause? when we proved to him that we are doing way better. I am not a violent person but when i told mention that my sister who lived with them choke my son,
No one can answer your question without reviewing your case in detail. You have to meet certain legal thresholds to change custody and it would appear - without more- that the Judge did not believe you met that threshold. You must discuss your case in person with experienced counsel
It would depend quite a bit on exactly what happened in 2012, but frequently the standard for modifying custody is proving that the current custody status endangers the child(ren). If that's the standard the judge needed to apply, it wouldn't be sufficient to prove that you having custody wouldn't endanger your children but to prove that your parents' having custody is endangering them. That's a difficult standard to meet. I don't know if that's the case here, but I also recommend talking to an attorney for more information. Many attorneys offer free consultations. Tubman also has lost-cost clinics where you can talk to an attorney about your case for 30 minutes. Good luck!
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