Can I reopen or challenge a dismissed appeal and custody orders?
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When an appeal is dismissed due to a missed deadline, there may still be options—such as a motion to reopen, motion for leave to file late, or motion for relief from judgment—especially when the missed deadline was caused by system errors or lack of notice (Fed. R. App. P. 4(a)(6)). There are serious due process concerns here: an order on your son with no petition filed, a lack of notice for a hearing, and a refusal to recuse despite a conflict (Fed. R. App. P. 26(b)). These issues can form the basis for relief. Consider filing a motion explaining the due process violations and requesting reinstatement of the appeal. Also, consider a judicial conduct complaint if you have documentation.
If you can't afford counsel, look for pro bono or limited-scope assistance through your local bar association. There are still avenues to get the case reviewed.
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Is there recourse if an appeal was closed because of a missed due date? It was in their system. I filed a petition to modify custody for my daughter. The judge ordered primary custody of my son to my ex, even though no petition was filed for my son. My ex bought him a BMW and told him he could only drive it at his house. I wasn’t there that day, and the judge issued the order with no petition.
I understand how frustrating this must be. When was the appeal closed?
I don't know.
Have you had legal representation before, or is this your first time seeking help?
About 2 months ago.
Anything else the family lawyer should know?
Adding more info. My daughter (15) refused to go back to her dad’s because she said he is “weird.” He had my kids playing penis ring toss on Christmas, made a penis birthday cake for my 9-year-old, bought my older son a stuffed penis for Christmas, and had a penis version of Pie Face. He also put lingerie in a Christmas gift from her boyfriend—she and her boyfriend were mortified.
I filed for primary custody. My ex likes to speak for the kids and claims they said things they didn’t. A conciliation hearing was scheduled, but I was never notified, so I wasn’t there. Somehow, custody flipped without that issue even being addressed.
Then, because he bought my 17-year-old a BMW and told him he could only drive it with him, my son said he wanted to live there. My ex and I had agreed to buy a car together, but he went behind my back.
The judge issued an order for my son even though no petition for him had been filed. My ex’s aunt works in the judge’s courtroom. I asked the judge twice to recuse herself—she ignored me. When I appealed, she responded, saying there was no bias, but the transcript shows otherwise.
I can’t afford an attorney; he makes over $600k. I missed a deadline because the court’s online system had no place to upload the required document. I submitted everything where I could, but it never reached the right place. I paid for a petition for my daughter—yet the judge issued an order on something I never petitioned for.
This has been an ongoing issue for four years. The judge listens only to his attorney, who lies, and I can prove they’re lies. She also refused evidence she previously agreed to admit, and I lost a case because of it.
I ordered transcripts. Most were $20, but that day they tried to charge over $200. They also tried to sneak in $900 in expenses in my ex’s favor. I got an attorney involved and proved they were wrong—my ex had changed the kids’ medical plan without my permission, violating our order. He expected me to pay the family deductible and refused to give HSA info. Ultimately, he had to pay the full deductible.
That $900 was what they tried to sneak in. When I submit expenses, if I put a period in the wrong place, it's denied. Yet they got a $900 charge through with no issue. I've been told the court staff is like a family; his aunt has worked there for 30 years. I believe she was behind it, but the judge signed everything.
When an appeal is dismissed due to a missed deadline, there may still be options—such as a motion to reopen, motion for leave to file late, or motion for relief from judgment—especially when the missed deadline was caused by system errors or lack of notice (Fed. R. App. P. 4(a)(6)). There are serious due process concerns here: an order on your son with no petition filed, a lack of notice for a hearing, and a refusal to recuse despite a conflict (Fed. R. App. P. 26(b)). These issues can form the basis for relief. Consider filing a motion explaining the due process violations and requesting reinstatement of the appeal. Also, consider a judicial conduct complaint if you have documentation.
If you can't afford counsel, look for pro bono or limited-scope assistance through your local bar association. There are still avenues to get the case reviewed.
Thanks.
