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Dsputing /appealing new order

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thehigherroad

Junior Member
What is the name of your state? California
Is it possible to dispute or appeal a visitation schedule ordered by the court? If I feel like I was not properly represented by my attorney is that reason enough? What if I diagree with the way visitation is set up more than the amount of time given?
 


Rushia

Senior Member
What is the name of your state? California
Is it possible to dispute or appeal a visitation schedule ordered by the court? If I feel like I was not properly represented by my attorney is that reason enough? What if I diagree with the way visitation is set up more than the amount of time given?
Appeals are for legal mistakes made for the ruling, not cause you didn't like the ruling.
 

Isis1

Senior Member
why do you not like the visitation schedule? how old is the child? how long have you had this schedule? are you the NCP or the CP?
 

thehigherroad

Junior Member
Its only been days since new order. So you are saying that once the judge makes an order thats it its done? What about an evidentiary hearing?
 

Rushia

Senior Member
Amen, sister girl.:D
It's always a good day in my world when the judge gives me a compliment.

Its only been days since new order. So you are saying that once the judge makes an order thats it its done? What about an evidentiary hearing?
Yes, it's done. You can file different things, such as a modification, vacate blah blah blah. Usually there must be a change of circumstance to do so and you aren't going to have that in a few days.

In order to file an appeal the judge must have made an error of the LAW, not your feelings.

Now if you would care to share some details, perhaps you could be better served.
 

thehigherroad

Junior Member
Im sorry nervous about details in case they read this forum too.

I don't mind that they will see their dad more I think they should. I now get 3 weeknights (one of which he gets a few hours of) and one weekend a month. That is close to 50% which isn't as much the problem as I barely get weekend time. My attorney was awful. He barely even spoke in court and the judge went against what the mediator recomended which is every other weekend. and some weeknights each.
Kids are teens.
 

Rushia

Senior Member
Im sorry nervous about details in case they read this forum too.

I don't mind that they will see their dad more I think they should. I now get 3 weeknights (one of which he gets a few hours of) and one weekend a month. That is close to 50% which isn't as much the problem as I barely get weekend time. My attorney was awful. He barely even spoke in court and the judge went against what the mediator recomended which is every other weekend. and some weeknights each.
Kids are teens.
Sounds as if you're just unhappy about the ruling and you can't appeal. However, wait for CASA (apologizing to anyone else in CA, just went blank) to come along and help you.
 

Mike703

Member
Im sorry nervous about details in case they read this forum too.

I don't mind that they will see their dad more I think they should. I now get 3 weeknights (one of which he gets a few hours of) and one weekend a month. That is close to 50% which isn't as much the problem as I barely get weekend time. My attorney was awful. He barely even spoke in court and the judge went against what the mediator recomended which is every other weekend. and some weeknights each.
Kids are teens.

If the kids are teens at this point then they are pretty much able to do things on their own, so what would be the big deal about weekends?
 

casa

Senior Member
What is the name of your state? California
Is it possible to dispute or appeal a visitation schedule ordered by the court? If I feel like I was not properly represented by my attorney is that reason enough? What if I diagree with the way visitation is set up more than the amount of time given?
You can't change a Court Order without a Significant Change of Circumstance...which isn't happening in this situation. An appeal is for error in Law, not if you disagree with the ruling.

You don't get a trial because you didn't ask for one. They are very expensive & time consuming & in the cases of teens 16+ can take longer than it takes the child to reach the age of Majority in some cases.

The Judge does not have to follow the Mediator's recommendation to a 'T'. They can choose to adopt some or none of the recommendations.

If you have close to 50/50 that sounds reasonable. What is your actual complaint?
 

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