I accidentially missed a court hearing and do to hear se (i.e. the mother) during that particular hearing, I lost both joint legal and physical custody of our child. Now the judge says there has been no change of circumstances for me to have my custody back! What can I do? I can no longer see my child without and no proof was provided from the mom stating that a relationship with me (the father) isn't in our child's best interest
Landlord / Tenant Lawyer
This situation requires numerous additional facts to determine what is the best means of proceeding. Depending on the allegations and current procedural posture of the case can vary the different means of moving forward. It sounds like there was a Request for Order for Child Custody and Visitation, being denied this poses numerous issues. There could be many reasons for which the court found no change in circumstances from the original date Child Custody Orders was granted Sole Legal and Physical Custody to the mom. I stress the importance of speaking to an attorney who practices family law to help tailor a plan to best meet the goals which you are trying to ascertain.
This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. To schedule an appointment for an attorney-client privileged consultation, contact me at 909-860-0342. Thank you.
Divorce / Separation Lawyer
The court will do what is in the best interests of the child. It’s a very rare situation where it is the best interests of the child to not have a regular scheduled parenting plan with both parents. You need to hire a competent legal counsel to frame up the issues and your arguments and go in with credible evidence to convince the court that they need to develop a new custody visitation order.
This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.