@gitana1, GF was awarded custody by Judge Heller. Pattis/Rochlin/FO had previously issued an immediate appeal to the GF custody award.
FO/Pattis/Rochlin filed last week in Family Court to request that atty's be made available for the 2 oldest who are now 13 but will shortly be 14. FO/Pattis/Rochlin then filed in Family Court to request all/any school and medical reports from the children.
I've been going down the path that GF team is setting up case for termination of FO parental rights with goal of adopting the children. Its high risk long term battle but GF might just believe the children are in danger from FO. Perhaps FO/Pattis got wind of this strategy and are setting the stage for their appeal of the GF custody award? IDK. But there has to be something behind the activity in Family Court IMO.
Curious what you see going on with the Pattis strategy!
Thanks for all the info. You are on top of this case!!
They can't terminate his parental rights easily. It's not something they would have hope of doing now, certainly.
The custody orders are temporary. I don't mean that there's an upcoming hearing date but it's not a final judgment regarding custody, IIRC, so he doesn't have to appeal it. He can file a writ, which is like an appeal, to overturn the decision but he can also file the motions you have described to gear up for future hearings on custody.
The process in family law is like this:
1. Summons and petition.
2. Motion for interim orders as to things like temporary support or custody. These orders would last until new interim orders are issued or until judgment.
3. Sometimes emergency order requests.
4. Eventual trial and/or settlement, both of which create a judgment.
Challenges to interim orders include mostly ineffective motions for reconsideration, in which a party appeals directly to the court to reconsider based on a mistake of fact or law, etc., and writs, in which a party appeals to the appellate court. But these are routinely ignored so to speak as the appellate court has discretion as to whether to consider a writ.
After judgment, challenges to the judgment are via appeal. The appellate court must consider appeals.
In CA, you have to show a substantial change in circumstance to modify final custody orders. But you don't have to pass that hurdle to modify interim orders. So if it's similar in CT, FD can file another motion to change custody at any time.
That being said, the decision of the judge awarding interim custody to GF was extensive and well thought out. She really broke down her decision and I don't see her changing her mind. I also don't see her decision successfully challenged via writ but, if I had a client with funds to do so, it would be worth a shot to file a writ because the decision involves fundamental constitutional parental rights.
I think controlling his children is a big thing for FD and he will continue to try to get custody.
But I don't see it changing any time soon. And the longer the kids are with grandma the harder it will be to modify the orders as the courts won't want to shake up the status quo.
The only problem is her age. She isn't likely going to be able to parent them for the rest of their childhoods.
Although with the help of a lot of money and relatives, some have done it (Michael Jackson's mom for one).