Child Visitation Appeal?

Question

Would you appeal a visitation case if the judge granted that you cannot have standard visitation, they are just giving every other weekend (no holidays, summers)? The reasoning behind it was because of a poor job history and one felony arrest (burglary) at the age of 16. The father is now 23, steady job, married, has another child that he has standard visitation with and a step child. Do you see any reason here not to grant standard visitation?

Answer 1

"Child Visitation Appeal? Would you appeal a visitation case if the judge granted that you cannot have standard visitation, they are just giving every other weekend (no holidays, summers)? The reasoning behind it was because of a poor job history and one felony arrest (burglary) at the age of 16. The father is now 23, steady job, married, has another child that he has standard visitation with and a step child. Do you see any reason here not to grant standard visitation?"

There is no quick answer to your question.

There's no such thing as "standard visitation." The courts decide an appropriate visitation schedule based on a number of factors: including the desires of the child (especially older children), the geographic circumstances particular to the case, the relationship between the children and the parent, the parental fitness of a person to conduct certain visitation, etc. A father seeking more visitation would have to successfully argue that the increased visitation he proposes is in the best interests of the children.

And then, it wouldn't be an "appeal." Generally, the only appealable actions are those that are finally and conclusively adjudicated and ordered as such. Child custody and visitation issues can usually be revisited after either a certain period of time since the last order (say, two years) or upon a showing of a substantial change of circumstances or at any time if there is imminent endangerment to the health and well-being of the children.

The father should ask the custodial parent for the visitation schedule he now desires. If the parties agree, then they should go into court and have the judge order the visitation schedule that has been agreed to.

If the parties don't agree-- as they often don't-- then the father needs to make a motion to modify the judgment of dissolution of marriage (or divorce or whatever it's called in that jurisdiction) to change the visitation. It's not an appeal. It's just a request that the court change the existing order due to the passage of time and a change of circumstances.

If the other party opposes the motion, then testimony and evidence will have to be taken to allow the judge to decide what is in the best interests of the children.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

Well, there is obviously some information missing, like what the psychologists report said. Someone feels like the person is not responsible and more contact with the child would be detrimental to the child, emotionally or physically. If I had to bet, I would bet on a personality disorder such as borderline or narcissistic.

Answer 3

After about six months file and ask for an increase in time and days. If you have had no issues during visit it can change if it doesn't file to have it proceeded by another judge

Answer 4

Absolutely. I child needs his father, every other weekend doesn't cut it. Technically, the burglary conviction means nothing unless you were tried as an adult. It must be sealed.