information on court proceedings

my sister lost her custody case. The father has had limited contact with the child the first 6 years of life. He recently got married and filed for custody. My sister allowed overnight visitation which her son was upset with. She took him to a counselor. The counselor testified in court that it would not be good for the child to stay during the school week and alter his schedule since he was doing well in school. The judge awarded the father tuesday and wednesday every week and every other weekend. He does not celebrate Christmas and still was awarded every Christmas at noon. My sister is seeking to file a Motion to Modify or a Motion for a new trial. Will my nephew have to follow the current visitation judgement until after the new trial?

The father still has his right to see his child, as does the child the right to see his father. They(mother and father) will still have to follow the current plan as long as it has been signed by the judge (otherwise could be found in contempt) until a new one is filed-typically the waiting period for a review is 2 years unless there is a change in circumstances.

Originally Posted by justicenmissouri

my sister lost her custody case. The father has had limited contact with the child the first 6 years of life. He recently got married and filed for custody. My sister allowed overnight visitation which her son was upset with. She took him to a counselor. The counselor testified in court that it would not be good for the child to stay during the school week and alter his schedule since he was doing well in school. The judge awarded the father tuesday and wednesday every week and every other weekend. He does not celebrate Christmas and still was awarded every Christmas at noon. My sister is seeking to file a Motion to Modify or a Motion for a new trial. Will my nephew have to follow the current visitation judgement until after the new trial?

The previous reply is correct.

To add though- your sister should continue to take her son to a counselor, with the emphasis on helping your nephew and his mom get used to the fact that his father does have rights and will be a part of the child's life from now on.