Question about laws regarding evidence at trial

[jah492]

As I have posted on here a few times, I feel fortunate to have recently won a trial giving me 50/50, residential parent, no child support etc. From reading many posts on this site, I thank my lucky stars every day and really empathize with those of you fighting the good fight.

As my ex girlfriend is getting ready for an appeal of the judge's ruling, I had a question. Much of the testimony at trial was centered on how she, since birth, has tried to minimize my role as dad(not telling me about the baptism, scratching out the word "father" on enrollment forms for school, etc).

We had a trial scheduled 2 different times before the latest trial, and she always caved and settled the day of and our case was never tried......until December. At that trial, my attorney argued, and the judge agreed, that we could use facts from before the previous 2 settlements because our case never made it to trial, thus the info was "unknown to the court". Her attorney argued that, since we settled, only new information could be used.

I'm hoping my attorney and the judge had the law correct in Missouri and that this won't be overturned on appeal. Anyone know about this and agree with one side or the other?

[BubbaGumpShrimp]

My $.02...this is just her attorney racking up billable hours. From the sounds of it...your attorney and the judge had it right.

Keep in mind...she's free to appeal the results of just about any hearing. That doesn't mean that: 1. Her argument is valid, and/or 2. It will gain any traction on appeal.

[defaultuser]

My attorney specifically told me I couldn't use anything from before the last settlement. She said we could use it in trial, but it could not be used as a significant change in circumstances.

They may have a valid argument. If they win the appeal it will not overturn the decision. They will send it back to the judge to redecide based on evidence that they leave intact. Most likely the judge wouldn't change their ruling...

If you want to know more about it use google advanced scholar search to review case law in your state.

[jah492]

I just tried that google site but I have no idea where to begin. I don't know what to search.

[Fatheroffour]

As my ex girlfriend is getting ready for an appeal of the judge's ruling,

What does this mean? That she is actually forking over the money or that she is spouting off at the mouth?

I'm with default user. The judge can base his decision on whatever factors he wants and weigh them however he wants. If it gets sent back he's likely to make the same ruling.

Does your state require the judge to report why he ruled the way he did?

[jah492]

Thanks for the replies. FoFour, I'm not sure if he has to say why he ruled the way he did in Mo. I assume when he wrote in his judgment that "mom has consciously chosen to minimize Dad's involvement, mom places her selfish interests ahead of those of the minor child, mom incorrectly believes she has the unfettered right to determine the child's future without input from dad..." that these are his "reasons".

[jah492]

Oh and to answer your first question, she has not officially appealed yet but claims she is going to. She is down to 23 days.

[Fatheroffour]

Everyone says they are appealing. Most don't. The odds are greatly in your favor.