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#761148 - 04/03/13 01:42 AM Trial testimony on agreement before marriage
Byll97 Offline

recently joined

Registered: 02/15/13
Posts: 5
All ,

Here is the following situation , my ex and I had made some agreement before marriage amongst those , here is one of them:

1/ Father will be in charge of kids education

My ex in trial court did not deny that we indeed agreed on it
Do the court have the right to ignore such agreement during its custody determination ?

Thanks for your reply

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#761149 - 04/03/13 07:35 PM Re: Trial testimony on agreement before marriage [Re: Byll97]
c_jane Offline
Pooh-Bah

Registered: 04/07/07
Posts: 1951
Loc: In the Great State of Texas
Family court judges pretty much can make whatever 'laws' or ruling they want. They have MUCH more leeway to NOT follow conventional laws/rules than say, criminal court judges.
_________________________
John Constantine: God's a kid with an ant farm.... He's not planning anything.

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#761150 - 04/05/13 12:38 AM Re: Trial testimony on agreement before marriage [Re: Byll97]
Debi Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 7157
More than likely the court is going to say that both parents have equal say in education, religion and medical decisions.

It's easy to make an agreement giving one party total control when you are head over heels in love with them. The game changes when you divorce and it's impossible to take those agreements for granted.

It's kind of like say....letting her have control of handling the money when you get married. You don't say "You can handle all the money unless we get divorced" but it's kind of implied.
_________________________
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

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#761151 - 04/07/13 01:37 PM Re: Trial testimony on agreement before marriage [Re: Debi]
Byll97 Offline

recently joined

Registered: 02/15/13
Posts: 5
What's the point to have laws and rules defined then if Judges can foot step them and come up with whatever they want ?

Assuming the Judge does not like someone for any reason ....race, color, look , origins ... So he can just ignore the laws and do what he feels like ? ..... Uuuummmm !!!
Bearing in mind judges are human , have opinions, affiliation , politic party...etc does the System just allow such thing with no control ?

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#761152 - 04/08/13 01:32 PM Re: Trial testimony on agreement before marriage [Re: Byll97]
c_jane Offline
Pooh-Bah

Registered: 04/07/07
Posts: 1951
Loc: In the Great State of Texas
In family court there are no checks in place. The judge is supposed to act 'in the best interests of the children' so he can claim his ruling was, in his opinion, 'in the best interests of the children' and it's a done deal.

You could always ask for a jury trial instead, and hope the jurors rule in your favor, but my understanding is a judge can also override THAT ruling.

Unless you want to appeal, and then pay 1000's of dollars to do it.

I take it you've never been to family court?? You might want to go sit in a few cases. Your eyes would surely be opened!!
_________________________
John Constantine: God's a kid with an ant farm.... He's not planning anything.

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#761153 - 04/10/13 12:26 AM Re: Trial testimony on agreement before marriage [Re: Byll97]
Debi Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 7157
There aren't a lot of laws defined in family court. As C Jane said a judge will try to rule in the best interest of the child. Generally, in most states joint legal custody is presumed. It would take proving the other parent unfit to be granted sole custody. With joint custody you would both have a say in education, religion and medical decisions to name a few. In some states both parents have to sign paper work for a child to get a drivers license.

There are a few states that go with the presumption of sole custody and usually only grant joint custody if both parties agree. Oregon is one I've heard goes that route.

If she agreed before and will still agree than you can usually have something agreed upon put in the order. I'm guessing though, since you're asking the question that she no longer agrees.

And yes, you're right a family court judge can be biased for any number of reasons but unless he or she is completely out in left field or you can prove a bias there isn't much recourse.
_________________________
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

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#761154 - 04/10/13 02:29 AM Re: Trial testimony on agreement before marriage [Re: Byll97]
finz Offline
Carpal \'Tunnel

Registered: 06/17/08
Posts: 6756
Quote:
What's the point to have laws and rules defined then if Judges can foot step them and come up with whatever they want ?



***********************************************

"Here is the following situation , my ex and I had made some agreement before marriage amongst those , here is one of them:
1/ Father will be in charge of kids education"

You understand that the agreement between you and the ex is NOT a law, right ?

The judge is supposed to try to decide what's in the child's best interest, which ideally would be a compromise between what each of the parents think is best. If either parent has wildly unrealistic expectations, the judge is supposed to look for a reasonable solution.

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#761155 - 04/20/13 02:12 AM Re: Trial testimony on agreement and MORE [Re: Byll97]
Byll97 Offline

recently joined

Registered: 02/15/13
Posts: 5
Thanks all for your input ...
Wish it was easy to share all details of my case on the forum to help and get some help .... Nerver know who is reading it

But there is more the situation I have described ... I even have recording of the GAL lying to me just to have me accept a situation that I was objecting during the proceedings - I was told not to use the recording because she was not informed before recording ... In his judgement the judge just put aside the laws and rules in custody decision making and just had a short sentence : " it is in kid interest for mother to have custody ". Nothing else no reasoning no relating to evidences in anyway

He went on to even write things in his judgement that I didn't say at trial ( I wonder if he did not realize that the trial have transcript )
He changed my statements at trial by formatting them and at time trying to give a different interpretation to something said at trial or making up something out of the blue .....
Now I have to figure out how to fight for true justice and fairness - I have had the judgement read by several attorneys who were simply shocked - some mentioned racism and more but I am sure what strategy to adopt given what you guys said it seems like judges are like new Gods who can change someone life at wish without never being condemned or overruled ???? Any idea please help

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#761156 - 04/24/13 01:18 PM Re: Trial testimony on agreement and MORE [Re: Byll97]
c_jane Offline
Pooh-Bah

Registered: 04/07/07
Posts: 1951
Loc: In the Great State of Texas
Appeal is your only hope. It will cost BIG bucks. Yes, FAMILY COURT judges are their own 'law' system. You might be better off joining a Father's Right's forum (search on Google) and presenting your questions/case there. I am sorry for ANY PARENT that gets shafted in court. I did, & I know what it feels like.
_________________________
John Constantine: God's a kid with an ant farm.... He's not planning anything.

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#761157 - 04/26/13 03:21 AM Re: Trial testimony on agreement and MORE [Re: c_jane]
finz Offline
Carpal \'Tunnel

Registered: 06/17/08
Posts: 6756
You are right to be concerned about sharing too much personal info on an online forum.

Unfortunately, it's hard to get advice on a specific situation without giving more info on the actuel situation.

A judge ruling that the CP should also have a say in the childrens' education and that the NCP cannot make those decisions independently wouldn't appear to have made an unreasonable decision.

Are there other circumstances (not counting the discussion on that issue prior to marriage and divorce) related to your stbx's ability to make sound decisions about the kids' education that you haven't shared with us that would make one think that judge should be condemned or overruled ?

Or are there other issues that you think he should be condemned for or overruled on ?

When the judge commits a grievous wrong or ignores the law, he should be condemned or overruled. We can't tell you the likelihood of you achieving either goal without knowing if the judge actually did act inappropriately or rule incorrectly AND how deep your pockets are to pay for a legal battle.

Do you feel that he made inappropriate racial comments ? Or that he ruled incorrectly because of racial issues ?

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