How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4820
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
45002201
Type Your Family Law Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

How can I contest a court order visitation former boyfriend

Customer Question

How can I contest a court order for child visitation for my former boyfriend with my son, if he has been hostile with me continuously when he comes to visit our son in my home. I have a restraining order on him, which protects myself and my son until 2019. Since a judge ruled in his favor for visitations on Saturdays, outside of the home, from 12pm to 4pm, he became more hostile to try to initiate confrontations with me, so that he could go back to court and lie and say that he is uncomfortable with visitations at my home under supervision of my aunt. For the second time, the judge ruled in his favor, and ordered visitation for our 17 month old son at my former boyfriends home, although he is abusive, hostile, and I have seen him take a belt and choke his nephew (a minor) with it.
In addition, he admitted to me in front of a witness that he lied on me to the judge, so that the ruling would be in his favor. It worked. The judge ordered visitations at my former boyfriends house for 3 days per week. However, she did not take into consideration his anger and hostility. I am so afraid for myself and my son. I don't know what to do.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you. How long ago did the judge rule that he is to get visitation?

Customer: replied 1 year ago.
As of today, he gets visitations Tuesday, Thursday, and Saturdays from 12pm. to 4pm at his home. However, he never complied with the first and second visitations orders. The first was Tuesday, Thursday, and Saturdays, same time under supervision at my aunts, due the restraining order for myself and my son. The second order, granted in July 2015 was for the same days and times with Saturdays at his home. Both times, he did not comply with the orders. In the second order, he came 6 times out of 23 visits, and left 5 out of 6 times early. In addition, he kept trying to initiate confrontations with me to argue, but I continued to ignore him. Then when I went to court today, the judge ruled again in his favor, regardless of his history of domestic violence toward myself and endangerment of our 17 month old baby on previous occasions.
Customer: replied 1 year ago.
I am so frightened for myself and my son, in addition to my unborn daughter. I don't know what to do.
Expert:  Chris T., JD replied 1 year ago.

OK. Since the ruling was today, your option is to appeal the judge's decision to a higher court. The judges in that court will look at the record from the judge who just made the ruling and make sure he/she followed the law, or did not make a decision so unfair as to be unjust. Keep in mind, however, that the appellate judges aren't looking at it to decide if they agree or disagree with the lower judge's decision - they are simply looking t make sure that he followed the law and did not abuse his discretion. Trial court judges are given very wide discretion to decide what's the best visitation schedule, and often times one party does not agree with their decision. That does not mean that the appellate court will overturn it every time. All that is to say that if you think the judge made an unjust decision, your option is to appeal the case.

Customer: replied 1 year ago.
I did.
Expert:  Chris T., JD replied 1 year ago.

So the case is currently on appeal?

Expert:  Chris T., JD replied 1 year ago.

If so, then you can ask the court for a stay (meaning, the order is not enacted until te appeal is completed).

Customer: replied 1 year ago.
No. I do not know how to go about appealing it.
Customer: replied 1 year ago.
How do I file an appeal?
Expert:  Chris T., JD replied 1 year ago.

In order to take an appeal, you will need a lawyer. First, you have to give notice of the appeal to the judge and the other side. Second, you will have to get a copy of the record from the court reporter and a copy of whatever exhibits were filed. Third, you will have to write a brief explaining to the appellate court how the judge violated the law.

Expert:  Chris T., JD replied 1 year ago.

Appeals are one of the more legally challenging things for a non-lawyer to do. In fact, not all lawyers even take on appeals because they are very difficult to write and time sensitive. In other words, you will almost have to hire an attorney to do it.

Customer: replied 1 year ago.
Do you have any referrals? Do you know how much it would cost?
Expert:  Chris T., JD replied 1 year ago.

I can't make a specific referral (the terms of Just Answer will not allow me to), but I can direct you to http://www.martindale.com. There, you can search for attorneys by location. They also rate attorneys, so you can have some confidence in who you are picking. The cost depends on the attorney, but you can expect to spend a minimum of a few thousand. This is very time sensitive, so you will need to do this ASAP.

Customer: replied 1 year ago.
Okay. Thank You.
Expert:  Chris T., JD replied 1 year ago.

I hope that answers your question. If so, please remember to "Rate" my answer before you go.

Customer: replied 1 year ago.
Okay Thank You
Expert:  Chris T., JD replied 1 year ago.

Great. Do you need assistance rating the answer.

Expert:  Chris T., JD replied 1 year ago.

Is there something else I can do for you?

Expert:  Chris T., JD replied 1 year ago.

If so, feel free to ask. If not, please remember to "Rate" my answer before you go. (that's how I get credit from Just Answer for my work). If you are having difficulty rating the answer, let me know and I can get customer service to help.

Related Family Law Questions