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Appealing an Arkansas Judge's decision from supervised visitation to full visitation.

Hot Springs National Park, AR |

Can I appeal this. The NCP had supervised visitation and did not see the child. He took me back to court for visitation and the evidence against him not using his supervised visitation was extensive to the point that his grandparents whom he lied with during this supervised visitation testified against him, stating that he was never present for visitation or would not get out of the bed to visit his son, however the judge approved giving him full visitation rights. He continues not to exercise his visitation rights his mother does. Can this be appealed, the hearing was in October 2012 and the order was not recorded until December 2012.

Attorney Answers 2

Posted

The type of visitation can be appealed, but you need to speak to an appellate attorney who specializes in family law right away. Unless the order wasn't served on you or your lawyer, if you had one, then your time to appeal has probably passed a long time ago. Your best bet is to check with an appellate attorney and see if you have any chance to appeal at this late date. Best of luck to you.

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2 comments

Asker

Posted

Thanks so much, I was afraid of the timing.

Ronna L. Deloe

Ronna L. Deloe

Posted

Yes, I understand -- that's what I'm afraid of also. You may want to find an attorney for consultation only. This way, you can find out what your chances are. As your question stands, it appears the time to appeal is long overdue, but there are exceptions, such as when orders are not served, etc., and that varies from state to state. See if you can get a consultation. I would not give up just because generally speaking it appears the time to appeal has lapsed. An appellate attorney will be able to tell you if you still have time to appeal. There may be an exception so I would advise you to check it out just in case. You don't know unless you try. Some lawyers offer free consultations. Best of luck!

Posted

To appeal the decision, a Notice of Appeal must be filed within 30 days of the date the order was entered or the Appellate Court will not have jurisdiction to hear the appeal. The deadline can be extended to 180 days if you can show that you did not receive notice of the entry of the order and that you exercised due diligence to keep up with the status of your case.

Appeals on visitation matters can be very tough, so if you want to pursue this you need a good appellate attorney.

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