Motion to reconsider

[aarennels]

What is the name of your state (only U.S. law)? Nevada

I filed a motion to request judge to compel oppositon to comply with a part of the agreement (Order/Stipulaton) for unsupervised visitation (having met the requirements)

Oppositon entered opposition and countermotion "to terminate visitation"

My response (before the haring) included "res judicata" since oppositon had argued pursuant Troxel in 2005 (I petitioned NRS125C.050 (2)) -- and they were denied. My response also included 2 cases (citations) about Parent visitations -- but I am a grand parent. So correctly these issues worked against me - or rather did not help.

But the other party's motions (opposition and countermotion) ONLY gives arguments to request "continued supervision" == my strongest ERROR on the Judge and even the title does not say "request termination" - but "countermotion to terminate grandparent visitation" (which literally could mean the other grandparents also (although I know it is me) -- Yet the "newly assigned" judge's decison "terminated all visitation"

I have a list of other errors that the Judge cannot support by the evidence (on record) or found in the motions by other party -- OR the judge's 2 page decision includes assumptions that are opposite from what the other party admitted and stated. (So my list of errors are pretty good). Also, BTW, the judge made a few conclusions that are not supported by the "record" (which is probably 2 feet high of single sheets (if you know what I mean)

The main best Judge error though is the word "terminate" or "termination" in not in the body of other party's motions. And the title does not exactly request terminaton of just "my visit" although here I am not on sure legalese terminology.

Anyway - I don't know where to find "case law" and need a new attorney to write the "motion to reconsider". As I said my attorney who not write my "response" (with the errors mentioned above) could not even summarize when the Judge asked her to stop reading and summarize.

If I get the case law (citations) can I ask a non-family attorney (one whose field is "civil" or "appeal" Law)? HELP. I cannot even ask the correct questions about what to do now.

I still have 10+ days since my attorney has not signed off on the ORDER composed by the opposing attorney. I don't really want to appeal but I think my list of Judge errors is adequate and in fact good.

Thanks for any advice - even the name of an attorney who can write a good motion for reconsideration / rehearing (although I think rehearing is adequate).

Appeal is probably too expensive and not of interest to the NV SC - since this in "only" a grandparent visitation case.What is the name of your state (only U.S. law)?

 

[Ronin]

Given the weak legal position of grandparents in cases as yours, you probably had it good with the court ordered supervised visitations, even though it was far from ideal. By your rocking the boat on this, the parent exercised their right to terminate the visitation altogether, and the judge granted this.

The motion for reconsideration will most likely be denied without a hearing. Judges rarely grant such motions, and even less so in family law cases.

Even if on a very long shot your appeal was won because of any procedural errors, the court could still rule against you after correcting the procedural errors. But most likely the appeals court will not wish to rock the boat on this kind of issue, and will reject your appeal.

Legally, a parent has the last word on visitation, unless there is a conflict with the other parent. While courts continue to make exceptions in some cases for grandparents, such rights are very limited and far from being a given.

If you continue adding fuel to this fire, you will burn your bridges beyond repair with the parent and still lose in court. Then you will just have to wait until the child is an adult.

As a practical matter, your only win-win option may be to find ways to make amends with the parent in the hopes of being able to visit the child in the future. Trying to stuff this down the parents throat with the court system is a bad approach on too many levels.

 

[LdiJ]

Given the weak legal position of grandparents in cases as yours, you probably had it good with the court ordered supervised visitations, even though it was far from ideal. By your rocking the boat on this, the parent exercised their right to terminate the visitation altogether, and the judge granted this.

The motion for reconsideration will most likely be denied without a hearing. Judges rarely grant such motions, and even less so in family law cases.

Even if on a very long shot your appeal was won because of any procedural errors, the court could still rule against you after correcting the procedural errors. But most likely the appeals court will not wish to rock the boat on this kind of issue, and will reject your appeal.

Legally, a parent has the last word on visitation, unless there is a conflict with the other parent. While courts continue to make exceptions in some cases for grandparents, such rights are very limited and far from being a given.

If you continue adding fuel to this fire, you will burn your bridges beyond repair with the parent and still lose in court. Then you will just have to wait until the child is an adult.

As a practical matter, your only win-win option may be to find ways to make amends with the parent in the hopes of being able to visit the child in the future. Trying to stuff this down the parents throat with the court system is a bad approach on too many levels.

Ditto, Ditto, Ditto