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grnidMo · Sep 1, 2013, 02:27 PM

My daughter recently had a hearing regarding cust/vist and disagrees with the judge's decision granting visitation every Thurs-Sun to the other parent. She wants to move her case to the other courthouse in our county in hopes of only getting what's fair for both parents. The judge argued with her during her hearing calling her a liar regarding her work schedule and with having a blended family, the children will never see each other. I have seen him in another family members case say that school days/hours are not quality time and the mother should have weekend visits and then in this case gave the father every weekend leaving her with NO family time whatsoever. Thank you in advance for your help.

cdad · Sep 1, 2013, 02:31 PM

They can only appeal the decision at this point. There is no reason to move it at this time.

grnidMo · Sep 1, 2013, 02:39 PM

Originally Posted by cdad

They can only appeal the decision at this point. There is no reason to move it at this time.

Filing appeal would be pointless in front of the same judge. We just want to move it to the other courthouse, before a different judge, then proceed request for a different visitation schedule.

ScottGem · Sep 1, 2013, 02:49 PM

Not going to happen. No court is going to take on a case adjudicated by another judge. If you file an appeal it will be heard by a higher court. Your grounds for appeal would be the treatment of your daughter.

Doesn't mean it will be granted though.

grnidMo · Sep 1, 2013, 03:05 PM

Okay thanks

grnidMo · Sep 1, 2013, 03:07 PM

With the appeal, is that the same form as a mod request?

AK lawyer · Sep 1, 2013, 03:15 PM

Originally Posted by grnidMo

With the appeal, is that the same form as a mod request?

No. It's asking a higher court to decide that the judge mis-applied the pertinent law or clearly mis-decided the facts.

A change-of-venue motion is not for the purpose of picking another judge who you think will decide things in a better way. It is, rather, for the purpose of moving the proceeding to a place that would be more convenient for the parties or witnesses. In this case, the decision has already been made, so a change of venue would be too late anyway.

Fr_Chuck · Sep 2, 2013, 06:40 AM

But there has to be a fault in procedure, not just dislike the ruling.
And it also sounds, like the two parties were not able to moderate and reach an agreement. Did both want different visit and no one could agree ?

Every other week would have been a better division.
If the other parent will accept that, they can file a new motion that both agree.

The best visitation agreements come from both parents agreeing out of court and filing together