Visitation/Unsupervised visits

Asked about 1 year ago - Atlanta, GA

I went to court in December 2012 for a child custody modification. I was told that it was in the best interest of my child to remain in the custody of my mother by family court. My child has been in the custody of my mother since 2007 court ordered. I was told by a legal professional that I have to right to sue because I was never granted any visitation rights by the court. None whatsoever. Do I have a case in federal court? I know you will tell me that I need consult with a lawyer but do I have a case and under what grounds?

Attorney answers (3)

  1. Robert M. Gardner Jr.

    Pro

    Contributor Level 18

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    Answered . In addition to what Mr. Ashman says, if you can show a change in your circumstances, you can file another modification to try and get custody or visitation. This time, however, get a lawyer and give yourself a chance.

    The above information is general in nature. In order to obtain more specific legal advice upon which to base your... more
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . Federal courts don't hear custody cases. If you lost your apparently pro se case in December, your remedy was to file, within 30 days, either a motion for new trial or an appeal. If you sat back and didn't do that, that's your own fault, as those deadlines are absolute.

    ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here... more
  3. Jean O'Neil Supnick

    Contributor Level 9

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    Answered . No matter what you choose to do, keep in mind that the standard the courts use in determining child custody isn't going to change. If you want to petition to modify custody, you must be realistic about your circumstances and the factors a court uses in determining what's in a child's best interest. Considering the decision the Court made in Dec. 2012, it seems you are fighting an uphill battle. Your best course of action would be to take the time to speak with some experienced family law attorneys to get an accurate picture of what you are dealing with and to determine if moving forward on such an action would be worth your time and expense.

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