You may have grounds for an appeal. You have 30 days to note the appeal if you choose to file one from the time of the order. Unfortunately, this forum is for general information. Providing relevant case law takes time. I highly suggest contacting a local appeals attorney to evaluate your case.
www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
Generally, a trial court has wide discretion to attach various conditions and restrictions to visitation that it deems to be in a child's best interests. There are many factors that a court is required to consider in connection with this type of determination. You should consult with an attorney for more information concerning these factors and how they apply to your case. Appeals on these issues tend to be difficult insofar you are required to demonstrate to the appellate court that the trial judge abused his/her discretion or was clearly erroneous in the fact findings made in connection with your hearing. You should also know that you have 10 days from the date of your Order within which to file a motion to amend judgment. You may want to use this option as a way to request the Judge to consider a graduated schedule of access that eventually enables you to exercise overnight access with your child. Quite importantly, custody/visitation is never permanent and may be modified upon showing that a material change of circumstance has occurred.
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