I was stripped of all custody of my two children after the judge decided that I was mentally ill, admitting she had no evidence as to this, ordered me to undergo psychatric treatment for my "mental health issues," & ordered my ex-husband would have sole custody of our children. I can only have supervised visits with them, declaring me a danger to them based on me believing my children's allegations of abuse by their father; believing I was abused by their father (he was convicted of domestic violence against me and violated no contact and personal protection orders); & because I took my child to her doctor when she disclosed abuse, took her to a therapist on the rec. of CPS, & allowed her to undergo a CARE interview - a request of CPS. Where are legal reqs for supervised visit orders?
Divorce / Separation Lawyer
There is no statute. The trial court makes a decision in its discretion based on the evidence presented at the hearing. Your recourse is an appeal, which should be filed within 21 days of the court's written order being issued. An appeal allows a higher court to review the case and decide if the trial court made an error. You should retain appellate counsel to assist you with an appeal. I handle family law appeals if you would like to schedule a meeting to discuss the case and whether an appeal will be helpful to you.
This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
2 lawyers agree
Child Custody Lawyer
There is no statute regarding supervised parenting time. When the judge holds a hearing he/she makes a decision based on the testimony and evidence. If the judge changed custody then he/she is supposed to state the reasons using the child custody factors. You have 21 days from the date the judge issued his/her order to file an appeal. You should contact a family law attorney who handles appeals.
This answer is general information only. It may not be appropriate for the specific facts and circumstances of your particular case. No attorney/client relationship has been established on this limited communication. You are advised to consult with legal counsel in your jurisdiction before taking any action or inaction that may affect your rights. www.judithblumeno.com
1 lawyer agrees