asfasf
journeyman
Reged: 02/02/08
Posts: 84
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Re: Can this be used for modification of custody?
12/16/11 11:56 PM
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The current custody order was issued back in October, in Virginia. I don't know how long it takes before it can be modified.
I went through the court order again and found it might be based on misunderstanding:
When the judge asked me what visitation schedule I wanted, I told him that based on the working schedule of both parents (mom works half time at home, I have a full time 9-6 office job), I'd like to have Wednesday overnight, sending my daughter to school on Thursday morning, and Friday-Saturday overnight.
But in the court order it says, "The plaintiff (father) seeks joint legal custody, Wednesday evening and Friday-Saturday overnight visitation. The mother opposes joint legal custody and unsupervised visitation..."
Did the judge think I was not seeking Wednesday overnight but only two-hour visitation instead? That's what he gave me. If that's a misunderstanding, can I appeal?
Also since I assumed I will automatically get half of the holidays and 3 weeks of summer break etc, I didn't specifically ask for that, and the judge didn't mention that in the order. Can I appeal because of my misunderstanding?
During the court hearing and on the court findings, the judge has expressed his negative feeling on the defendant's attitude, and indicated that her accusation is "not corroborated".
The reason I want more time is I really believe it's to my daughter's interest. According to expert's opinion (from parenting books), the best custody is to have a shared one with each parent having at least one-third of child's time...I know this is won't convince the court..
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