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October 9, 2007

TN Judge Reprimanded for Disregarding Appellate Court’s Order and Upholding Custody Award to Allegedly Abusive Father

Posted by Filed under Miscellaneous, Domestic Violence & Abuse, Child Custody, Juvenile Delinquency or Dependency.

One occupational hazard attorneys face is not-quite-ranting calls from (or appointments with) people who believe, rightly or wrongly, that they - or, worse, their kids - have been unfairly “beaten up” by the legal system, when they were represented by another attorney - or no attorney.

Those folks often have a lot in common with this Tennessee mother.

A Tennesee judge awarded custody of her child to the child’s father. After Tennessee’s Department of Children’s Service had allegedly already made a finding of abuse by the father.

But the story doesn’t end there.

The mother appealed the custody award.

And won. An appellate court reversed the trial judge’s ruling, and remanded to the trial court.

Only, reportedly, the trial judge obstinately refused to alter its custody award in accordance with the appellate court’s ruling. Just plain refused.

Forcing the mother to spend gazillion more dollars to compel the implementation of the appellate court’s ruling.

This Tennessee judge was ultimately publicly reprimanded, according to the article below.

But it wouldn’t be surprising if this mother had to do some almost-ranting before she got her child back, safe.

Still, things did get straightened out in the end.

At least for this Tennessee mother and her child. Who, somehow or other, could apparently afford the appeals.

Read more in this Macon County [TN] Times article: Judge Byrd reprimanded in Wilson County case.

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