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Does a judge always listen to a gaurdian ad litem and counselor?

Berryville, AR |

I am the non constodial parent and I see my kids 4 days a month. I live 45 minutes away from them and it is hard for me to see them more. I took my ex back to court for more visitation like the whole summer and more during school breaks. my oldest child is to the point of wanting to work, only 14 years. The guardian ad litem won't even listen to me, I have all the proof in the world of alienation and abuse and drugs in the home but he says the oldest wants to work. They are using that as an excuse for them to not come to spend time with me. My ex has filed a change of visitation to keep them there the entire summer except every other weekend. Here is the thing, my ex was not like this before the marriage of current spouse. How can a judge keep children away from their other parent?

Attorney Answers 2

  1. I'm licensed in California so you'd have to ask an Arizona family law attorney. Generally, a judge will certainly consider what a guardian has to say although that is not absolute proof on a case. What I would suggest you do is speak with a lawyer who can help you with your case. Jennis Hemingway is in Phoenix and does good work.

  2. What does your lawyer say? If you don't have one, get one immediately. Family law custody and visitation cases are heavily discretionary and most judges are adamant that noncustodial parents are entitled to "standard" visitation, which, in Arkansas, is generally every other weekend, every other holiday, half of Christmas and Spring breaks from school, Fathers Day, and six to eight weeks in the summer. If you're not getting that, either you agreed to less in a previous order, or the judge had some reason not to give it to you. Right or wrong, your right to visitation will be better protected by a family-law lawyer who knows all the right hoops to jump through in order to convince a judge. Good luck.

    No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is merely given to point you in the right direction and give you a general answer as to the law regarding the question you have asked.

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