Appealing Juvenile Custody Orders

Summary

To appeal a juvenile magistrates order in tennessee, file a notice of appeal within 10 days to the circuit court. Consider requesting a rehearing within 5 days if there are errors. To obtain a stay, request it from the appellate court. Gather documentation like medical records, school records, and witness testimonies to support your case. Filing fees may apply, so check with the court clerk. Consult legal aid for affordable legal assistance if needed.

Full Conversation

How do I appeal a juvenile magistrates order on a custody case in Tennessee?
Hey ****! To appeal a juvenile magistrate's order in Tennessee, you can follow these steps:
- File a notice of appeal within 10 days of the order.
- The appeal must be made to the circuit court.
- Prepare a brief explaining the reasons for your appeal.
Would you like more details on any of these steps?
Yes. What about the 5 day rehearing? Is it even worth trying?
In Tennessee, you can request a rehearing within 5 days of receiving the magistrate's order if you believe there was an error. This is worth considering if you have specific reasons or new evidence that could impact the decision. Would you like more details on how to proceed with a rehearing request?
How can I get a stay in the case?
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To get a stay in your custody case while appealing in Tennessee, you must request it from the court handling the appeal. The stay will halt the enforcement of the original order until the appeal is resolved. It requires showing reasons why the stay is necessary.
The police arrived with the bio mother and had the court order to give the baby to her mother. I was told I’d be arrested if I did not comply today. What can I do?
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I'm sorry to hear about your situation, ****. You should comply with the court order to avoid legal consequences but consider seeking legal advice immediately to explore options for a rehearing or appeal. Consulting a lawyer experienced in family law could be beneficial.
Ok. I tried before I gave the baby to the bio mom. I have had this child for 23 months. The civil judges are at a judicial conference, so no judge would hear me today. I went to circuit and they advised us to go back to juvy court. However no judge there today
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It sounds like you're in a challenging situation, ****. If the judges are unavailable, you may need to wait until they're back to take further legal steps. Meanwhile, consider preparing any documents or evidence that could support your case for a rehearing or appeal.
Can you give me examples of what I need to prepare for this?
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For preparing your case, consider gathering:
- Documentation of your relationship with the child over the past 23 months.
- Any evidence or records showing the child's wellbeing under your care.
- Communication logs or agreements with the biological mother.
- Any legal documents or past court orders related to custody.
Would you like more information on any of these steps?
Yes
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It seems like your situation is quite complex, especially with the urgency of custody issues involving a child's wellbeing. Here's more information on preparing for your case:
- Gather medical records showing the child's health under your care.
- Compile school or daycare records demonstrating the child's stability.
- Collect testimonies from witnesses who can vouch for your relationship with the child.
Would you like to explore more about how these documents can impact your appeal or rehearing?
Yes
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Your situation is indeed complex and potentially significant for a lawyer. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, I can collect some details to facilitate this.
I have an atty. He’s on vacation out of the country.
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Since your attorney is unavailable, you might want to consult another lawyer, especially given the urgency of your situation. If you change your mind and wish to be connected to local lawyers for immediate assistance, feel free to ask. Meanwhile, keep preparing your documentation as it can be crucial for your case.
Do you know if there are appeal fees in juvy court?
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Yes, in Tennessee, there are typically fees associated with filing an appeal in juvenile court. These can include filing fees, and possibly costs for preparing records or transcripts. It's best to check with the specific court for detailed fee information. If you need more details, you could contact the court clerk's office for clarification.
If we appeal, who and how does it work?
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Appealing a juvenile magistrate's order in Tennessee involves:
- Filing a notice of appeal within 10 days of the order.
- The appeal is made to the circuit court.
- Prepare a brief explaining the reasons for your appeal.
- You may need legal representation for complex cases.
Would you like to be connected to local lawyers who can better assist you with your case?
Do I file in juvy or in circuit?
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For appealing a juvenile magistrate's order in Tennessee, you file your appeal in the circuit court, not juvenile court. If you need more details on this process or have further questions, feel free to ask!
I went to circuit today. They said I’d have to do it at the juvy level. What am I not understanding in this?
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It seems like there might be confusion about the process. In Tennessee, to appeal a juvenile magistrate's order, you generally file in the circuit court. However, if your case involves specific procedural requirements, like a rehearing, it might need addressing at the juvenile level first. Checking with a legal expert can clarify the exact requirements based on your situation.
Thank you. I just want to mentally prepare for each step to protect this baby.
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Hey ****, it sounds like you're going through a tough time, and your commitment to protecting the child is commendable. Since you're already working with an attorney, even though they're currently unavailable, it might be beneficial to consult with another legal professional who can help guide you through the confusion and ensure you're taking the right steps.
If you need further assistance or have any other questions, feel free to reach out!
My current atty is Samuel Robinson. Is there someone better than him you can recommend? Money is an issue as well.
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Hey ****! I can't personally recommend specific attorneys, but you could consider contacting a local legal aid organization in Tennessee. They often provide free or low-cost legal assistance and might be able to help you find someone suitable for your situation.