If the father appeals child visitaton of getting the child every other weekend. What is the normal circuit court decision?
Newport News, VA |
The father violated a temporary court order in JD&R for every other weekend visitation. When it came time to come back to JD&R court the judge made a final decision and stated that every other weekend for visitation.
You have a ten (10) day right to appeal the decision from the Juvenile & Domestic Relations Court. All matters are heard de novo before the Circuit Court, meaning everything is heard as if fresh and new. A Circuit Court judge may not rely upon the record from the J&DR Court and "rubber stamp" a decision - it's clear error.
Visitation tends to follow some trends. Every other weekend visitation is a trend that happens in quite a few cases. A Judge must evaluate what is in the best interests of the child or children when considering visitation. A person appealing a decision from the J&DR Court may get a better decision or a worse decision regarding visitation. In Circuit Court, both parties have a greater ability to discover information which may drive up costs.
Please consult with a lawyer who may weigh the specifics of your case and give you a better idea about such things in your jurisdiction.
I provide this information in general terms for information purposes only and as a courtesy. Neither I nor my firm are your lawyers until you sign a legal retainer agreement and pay us an advanced legal fee.