Can I still file a petition if the father of my child violates the order of the court again? 3 Answers as of October 02, 2013

I have custody of a small child, the father has supervised visits with his mother (child’s grandma) doing the supervision. He does not come often, twice a year. Last visit they all went to the movies with other family members. Grandmother left the movie with another grandchild for what, according to them and my child was the duration of the movie. The father and grandmother told me and were laughing about like it, as if it wasn't serious. Child told me same, "grandma left to watch another movie". I filed a petition to modify the stip. Young child didn't want to talk about it with the law guardian for whatever reasons. Father and grandmother alleged they were there, she left to go the bathroom (after the fact, not when this occurred) since, according to the judge, the child does not fear the father and wants to continue a relationship he dismissed the action. The order came in the mail and it says it’s dismissed with prejudiced.

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Law Office of Rebekah Sass
Law Office of Rebekah Sass | Rebekah Sass
You will need to file an appeal, quickly. You are going to need a lawyer to be successful. Find an appellate lawyer.
Answer Applies to: California
Replied: 10/2/2013
Gottlieb & Goren, P.C.
Gottlieb & Goren, P.C. | Aaron W. Goren
Yes, you probably need some independent verification (a witness or social worker who interviews your child).
Answer Applies to: Michigan
Replied: 10/2/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Each incident is a new event that can prompt a petition. However, if you keep trying and the judge rules against you, you may find yourself in a situation where you will be viewed as the "wrong-doer". Proceed only if you believe the child's safety is at issue and then proceed with caution.
Answer Applies to: New Jersey
Replied: 10/2/2013
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