What is the name of your state (only U.S. law)? Arkansas
Who am I? Stepparent aka person with no say or rights in the case, I am not an attorney or in any way associated with the legal field. I've done a bit of reading and wondering if we should even approach this with the attorney.
Feb 2013
Plaintiff was made custodial parent
Defendant non-custodial and granted standard visitation with additional overnight every Wednesday and every Friday
Wording regarding pickup/drop off:
"the Defendant will pick up the minor children at the beginning of visitation at the Plaintiff's house, the Plaintiff will pick up the minor children at the end of visitation at the Defendant's house"
"All other visitation regarding holidays, birthdays, etc., will be followed as per the Court's Standard Order Regarding Visitation and Related Matters."
Attached Standard Order:
"Additional Visitation: The Court encourages and approves the parties agreeing to as much additional visitation as they desire. It also encourages and approves the parties agreeing to flexibility with the visitation specified in the Order. However, in the absence of agreement, the terms of this Order are to be strictly observed."
Transportation: The non-custodial parent shall be responsible for transportation at the beginning of the visitation. Pick-up and return times should be strictly observed. In the rare instance when the times cannot be observed, the other party must be given as much advance notice as possible. Transportation shall be provided by a responsible adult.
Sep 2013:
Custodial parent filed for relocation out of state
Non custodial parent responded denying custodial parents reason for relocation and countered with change of custody on the grounds of custodial interference of visitation.
Interference based on Non custodial parent changed jobs to a job with a schedule that conflicted with visitation and was unable to be at the custodial parents house for pickup. Non-custodial parent wanted his mother to pickup the kids but the custodial parent was against this due to her belief that it was not in the best interest of the children to be with a 3rd party until midnight on school nights. On the non-custodial parents weekend the custodial parent arranged to have him pick up the kids the following morning. His schedule was approx 3pm to midnight and his pickup time for the children is 5pm.
Reason 2 for interference. Since the Feb2013 order one of the kids did not like staying on school nights or on the extra Friday. When she didn't want to go she would ask her dad and he would say it was ok not to attend.
Court: April 2014
Testimony was given by the custodial parent that she did not agree/did not let the non-custodial parent designate a 3rd party to pick them up for regular visitation, that she allowed alternate pickup time, that she offered extra time to make up for missed time and that she tells the child not wanting to go that she should, has her pack and that the non custodial tells her she doesn't have to attend. Evidence was provided in interrogatories responses but I don't think it was introduced.
Evidence was provided of a text exchange between non-custodial and child showing this permission. Also, stated she was going by the court order which stated non-custodial parent was to pick the kids up and the Judge said he has never ordered that. (original order was signed by this judge)
Testimony was given by the non-custodial parent that custodial didn't allow a 3rd party to pick the kids up when it conflicted with his schedule and that he wanted the child that didn't attend (1 out of 4) to attend and feels the custodial parent should have forced her to attend.
Judgment: Petition for relocation denied, court felt that custodial parent showed significant cause for the relocation but the non-custodial parent met the burden of proof required to prevent relocation based on interference of visitation. The court feels if relocation was granted then there is a significant chance of further interference and that would not be in the best interest of the kids.
Custodial parent's lawyer stated that she would be willing to include a financial penalty for each day that one of the kids missed visitation in order to insure she would follow the order. Judges order stands and relocation denied.
Custodial parent's Lawyer did not object
The reason I see for appeal is that the judge blocked the relocation due to the burden of proof being met that there was custodial interference due to the custodial parent not letting a 3rd party pick up the kids and stated that he did not order that (it's in the order that I posted above)
So questions:
1. Is this enough to appeal, should we even bother or will it stand as is
2. From what I've read, appealing requires that the lawyer object and he didn't (not that I recall) does that mean we can't appeal?
Thanks!
Also to note, for anyone thinking the custodial parent doesn't want the non custodial to see the kids. That is not true, the proposed visitation plan is very generous by giving almost the entire summer, doing a 2 to 1 ratio on Fall, Winter and Spring breaks where non custodial would have the kids 2 out of the 3 each year and said that he has the options of having the kids every other weekend and on any time the kids are out of school for a friday or monday he can have the kids all 3 days plus he gets 4 weeks/year in which if he comes to visit the kids he can take them for the whole week as long as he ensures attend school. We know that it would not be feasible to execute every time but it gives him the option if he wants to travel there or if he wants to see the kids he can fly them out for the weekend occasionally. Really tried to be generous with the visitation because the kids want to see their dad and he isn't a bad dad.
Who am I? Stepparent aka person with no say or rights in the case, I am not an attorney or in any way associated with the legal field. I've done a bit of reading and wondering if we should even approach this with the attorney.
Feb 2013
Plaintiff was made custodial parent
Defendant non-custodial and granted standard visitation with additional overnight every Wednesday and every Friday
Wording regarding pickup/drop off:
"the Defendant will pick up the minor children at the beginning of visitation at the Plaintiff's house, the Plaintiff will pick up the minor children at the end of visitation at the Defendant's house"
"All other visitation regarding holidays, birthdays, etc., will be followed as per the Court's Standard Order Regarding Visitation and Related Matters."
Attached Standard Order:
"Additional Visitation: The Court encourages and approves the parties agreeing to as much additional visitation as they desire. It also encourages and approves the parties agreeing to flexibility with the visitation specified in the Order. However, in the absence of agreement, the terms of this Order are to be strictly observed."
Transportation: The non-custodial parent shall be responsible for transportation at the beginning of the visitation. Pick-up and return times should be strictly observed. In the rare instance when the times cannot be observed, the other party must be given as much advance notice as possible. Transportation shall be provided by a responsible adult.
Sep 2013:
Custodial parent filed for relocation out of state
Non custodial parent responded denying custodial parents reason for relocation and countered with change of custody on the grounds of custodial interference of visitation.
Interference based on Non custodial parent changed jobs to a job with a schedule that conflicted with visitation and was unable to be at the custodial parents house for pickup. Non-custodial parent wanted his mother to pickup the kids but the custodial parent was against this due to her belief that it was not in the best interest of the children to be with a 3rd party until midnight on school nights. On the non-custodial parents weekend the custodial parent arranged to have him pick up the kids the following morning. His schedule was approx 3pm to midnight and his pickup time for the children is 5pm.
Reason 2 for interference. Since the Feb2013 order one of the kids did not like staying on school nights or on the extra Friday. When she didn't want to go she would ask her dad and he would say it was ok not to attend.
Court: April 2014
Testimony was given by the custodial parent that she did not agree/did not let the non-custodial parent designate a 3rd party to pick them up for regular visitation, that she allowed alternate pickup time, that she offered extra time to make up for missed time and that she tells the child not wanting to go that she should, has her pack and that the non custodial tells her she doesn't have to attend. Evidence was provided in interrogatories responses but I don't think it was introduced.
Evidence was provided of a text exchange between non-custodial and child showing this permission. Also, stated she was going by the court order which stated non-custodial parent was to pick the kids up and the Judge said he has never ordered that. (original order was signed by this judge)
Testimony was given by the non-custodial parent that custodial didn't allow a 3rd party to pick the kids up when it conflicted with his schedule and that he wanted the child that didn't attend (1 out of 4) to attend and feels the custodial parent should have forced her to attend.
Judgment: Petition for relocation denied, court felt that custodial parent showed significant cause for the relocation but the non-custodial parent met the burden of proof required to prevent relocation based on interference of visitation. The court feels if relocation was granted then there is a significant chance of further interference and that would not be in the best interest of the kids.
Custodial parent's lawyer stated that she would be willing to include a financial penalty for each day that one of the kids missed visitation in order to insure she would follow the order. Judges order stands and relocation denied.
Custodial parent's Lawyer did not object
The reason I see for appeal is that the judge blocked the relocation due to the burden of proof being met that there was custodial interference due to the custodial parent not letting a 3rd party pick up the kids and stated that he did not order that (it's in the order that I posted above)
So questions:
1. Is this enough to appeal, should we even bother or will it stand as is
2. From what I've read, appealing requires that the lawyer object and he didn't (not that I recall) does that mean we can't appeal?
Thanks!
Also to note, for anyone thinking the custodial parent doesn't want the non custodial to see the kids. That is not true, the proposed visitation plan is very generous by giving almost the entire summer, doing a 2 to 1 ratio on Fall, Winter and Spring breaks where non custodial would have the kids 2 out of the 3 each year and said that he has the options of having the kids every other weekend and on any time the kids are out of school for a friday or monday he can have the kids all 3 days plus he gets 4 weeks/year in which if he comes to visit the kids he can take them for the whole week as long as he ensures attend school. We know that it would not be feasible to execute every time but it gives him the option if he wants to travel there or if he wants to see the kids he can fly them out for the weekend occasionally. Really tried to be generous with the visitation because the kids want to see their dad and he isn't a bad dad.