QUESTION
My husband got full custody of his child last March, now his ex is taking it to Court of Appeals in MN.
Asked on Aug 23rd, 2011 on Child Custody - Minnesota
More details to this question:
My husband got full custody of his child last March, now his ex girlfriendis taking it to Court of Appeals here in MN. We already went to court in June becuase she wanted the court order to specify why she doesn''t have custody and wanted specifics on the best interest child factors and a new trial. Both got denied from the court again in July. So now she is appealing it again and going to MN state court of appeals for this. She got her son taken away because she was drinking out partying, giving him malibu at 1.5yr old, constantly moving and different jobs. What are the chances of this getting reversed? Now she doesn''t want their son going to preschool because she thinks her son doesn''t need it and headstart and preschool are ONLY for children with learning disabilities. ( mind you she still carries around her blanket at 26)
1 ANSWER
William/J Joanis
The law is serious business. Appeals are not like football games. It is not proper to place odds on the outcome. As a lawyer, it would be inappropriate for me to make a guess on the outcome. Having said that, if the facts are even close to what you stated, I am willing to make a very unlawyerly prediction that the odds are "off the board" on this one, as she doesn't have a prayer of a chance. The appeals court will not second guess the findings of the trial court on her fitness as a mother. Unless there was a giant error made by the trial court in this case, she has the same chance on appeal as the soon to be LA Vikings have of winning the Superbowl this year: None. Zero. Nada, Zilch.
Answered on Aug 23rd, 2011 at 11:39 PM