Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I need to write a letter to the judge regarding the

Customer Question
visitation schedule currently set up...
I need to write a letter to the judge regarding the visitation schedule currently set up for my 7 month old twin girls. In August, they will be 8 months old and the father of the girls will have over night visits every other weekend for one night per weekend. I do not feel safe having them away at this age with him; he has never had them for longer than five to six hours at any given time. I'm trying to draft a letter to the judge requesting that he not receive overnights until he has spent more time with them. They're not familiar with him, and I feel as though this should be something that he works his way up to [i.e. starting out with a couple hours of visitation a two to three days per week in the evening, eventually moving up maybe 6 to 8 hours per day on the weekend, gradually increasing that 8 hours to 10-12 hours, and eventually getting to a point where he has a full 24 hour visitation including overnights] where he's had the chance to deal with and learn their needs at a gradual pace. He has never had the girls alone; he always has his mother or misc other family member there to help him and that concerns me as well. The girls are healthy except for one of them having spells where she will quit breathing and become unresponsive [turns blue, eyes roll back into her head] and within seconds she'll come back to. I have had to call the ambulance once before, and she is currently receiving work up to hopefully find the root of the problem. I don't feel comfortable with him having overnight visits until this is ruled out. I would like him to attend any and all doctor appointments regarding this matter so I am aware of his capability in caring for our child(ren). I would like to request that he not receive full overnights until the girls are at least two years of age; at that point they will be able to recognize him, feel comfortable around him, and I can rest assured that they are safe with him. Am I being too paranoid?
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 12 minutes by:
7/14/2011
Family Lawyer: RobertJDFL, Lawyer replied 6 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,036
Experience: Experienced in multiple areas of the law.
Verified

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.

I don't think you're being paranoid (you're a mom!), but I think you're being unrealistic with your expectations as to what a court would do. First, you should know a letter isn't going to have any effect, no matter how well written. It's an ex-parte (one party) communication and so the judge isn't likely to read it, and even if they did, the court cannot act upon a letter.

You can file for a modification of the custody/visitation agreement, but this is a heavy burden; you have to show that there has been some sort of material change in circumstances since the last custody order and that it is in the best interest of the children.

Are the children well cared for when with him? Has he ever abused them or neglected them in any way? Does he abuse drugs or alcohol or exhibit wild or unsafe behavior in their presence? If not, there's no reason for a court to withhold visitation. Would he not know what to do in an emergency, or to not call 911 if necessary?

The goal of the court is to involve both parents in the lives of their children, and to establish as normal a lifestyle as if the parents were together. That means both parents are entitled to overnight visitation absent good cause. To say that the children don't know him well enough, but then say you want the court to not give him overnight visitation until the children are 2 years old is in conflict with one another, nor have I ever seen a court do that. If he's had the children for 5-6 hours at a time, the court will presume he has had the opportunity to interact with them, feed them, change them, play with them, and build a relationship with them. Overnight visitation is the next logical step.

You are certainly free to file for a modification of visitation, but based on these limited facts, I don't see a court changing anything.

**********************************************************************************************************************

JUST ANSWER IS A "PAY FOR SERVICE". As I do this for a living, not a hobby, please honor and respect the honor code, and compensate me for my time as you would any other professional.

DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Ask Your Own Family Law Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,036
14,036 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

14,036 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I repeatedly am being denied my weekend visitations. One of
I repeatedly am being denied my weekend visitations. One of the stipulations in our custodial agreement is we both agree to go to weekly counseling separately. I am unable to go to counseling due the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My daughter's father has missed about 60% of his visitations
My daughter's father has missed about 60% of his visitations and visitation barely began in October. He cancels all in home visits and viists when our daighter is ill. Is he in contempt? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,302 satisfied customers
I currently have supervised visitation with my children per
I currently have supervised visitation with my children per a temporary order from 8/4/17. I fear that my children are in danger with my ex-wife because of her family's culture (her father molested ex… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If custody and visitation has not been decided amongst unwed
If custody and visitation has not been decided amongst unwed parents and mother moves 4month old baby out of state, what are Fathers legal rights … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Do grandparents have visitation rights the mother and her
Do grandparents have visitation rights the mother and her daughter lived with us for 4 years and also the 3 year old who is our biological? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
413 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
Does a gran mother have the right for visitation with gran
Does a gran mother have the right for visitation with gran sons? … read more
RobertJDFL
RobertJDFL
Lawyer
14,036 satisfied customers
I have been in Family Court for years. I had visits with my
I have been in Family Court for years. I had visits with my 14 year old daughter, then I had to do supervised visitation. These are still ongoing, 4 years and counting, all a result of me talking to m… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
We have an agreement for a stepped-up visitation agreement.
We have an agreement for a stepped-up visitation agreement. I have 95% custody and he has 5%. He's had very limited "alone" visitation and it's always been with myself or my family which is ~10% a yea… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I just had a child visitation hearing that was finalized and
Hello. I just had a child visitation hearing that was finalized and I do not agree with the final orders. What can I do? ---------My child was removed by DCFS and law enforcement from his mother's cus… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
What are my rights for Grandparents Visitation? We live in
My grandchild and her mother have lived with us rent free for the past 2 1/2 years since my son ( her boyfriend) died. I have been her sole childcare giver since she went to work for Safeway 7 months ago (gratis) Until then she was unemployed and we supported them.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
I have sole legal and physical custody.... visitations are
i have sole legal and physical custody.... visitations are supposed to be agreed upon both parties. however, due to my childrens hostile behavior I told him to meet the children supervised at a park o… read more
Sue
Sue
Juris Doctorate
185 satisfied customers
I filed for custody and visitation we was seen in the
I filed for custody and visitation we was seen in the Hampton court. the case never made it to the judge. The mother of the children never return the children back to me. now I can not see the childre… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband filed for custody and visitation in 2016 for his
My husband filed for custody and visitation in 2016 for his son and i was not a party to the petition. We married later that year. The court date for this petition is scheduled for this October. My hu… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
When children are with Father during visitation his new
When children are with Father during visitation his new girlfriend is telling our 6 year old daughter that she will send me (their guardian/Mother) to jail call the cops on me in order to get my daugh… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
It is against the law in Ohio for a visitation to be granted
It is against the law in Ohio for a visitation to be granted to grandparents while the parents are married however the Gaurdian ad litem is using allegations of sexual abuse in the involving one child… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
Child was concived while mother visited NC. Returned to MD
Child was concived while mother visited NC. Returned to MD and informed father of the conception. Child is 3 months old. Does father have to obtain a MD layer or can he file from NC? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x