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Since my lawyer didn't show up for my child custody ...


Sent to Legal Experts May 14, 2007 8:08 a.m.

Since my lawyer didn't show up for my child custody case and told me I didn't need to go either, the judge awarded the father of my 6 month old daughter visitation on every Sunday from 10:00a.m. to 3:00p.m. and every day of the week he can call me and if she's available I have to let him see her daily. Isn't this a bit much? What are the chances of getting this changed?

Optional Information:
Martinez, California

Customer (name blocked for privacy)
Status: Closed   Value: $15   
Answer
May 14, 2007 10:41 a.m. (2 hours and 33 minutes later)
ACCEPTED Check Mark

What you have is a very liberal visitation schedule which can get out of hand. The Sunday from 10:00 a.m. to 3:00 p.m. is reasonable, but the ability for him to let her see her daily with a request of a phone call is too liberal as that could interfere with your time with the child.

Since this was decided when your attorney was not present, you can request mediation to work out the details of the visitation order. Your attorney can make a motion to show cause why the visitation hearing should be reconsidered...as there is good cause (failure to appear by your attorney), but the judge will decide whether to grant it or not. I would schedule mediation first before setting a hearing. I believe the liberal schedule should be redefined by working out a more specific arrangement. Your chances of getting it change are better with mediation (if the father is willing to work with you) than they are with a court hearing.

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