Q: Can a custody judge refuse a modification if it was agreed a civil law suit settlement?
Ex husband and my dad involved in altercation. Judge ordered my dad’s visitation from granddaughter be eliminated. Two years later, ex sued dad for pain and anxiety. His lawyer said if go to mediation, pay 6 figure amount and agree to counseling, he will restore dad’s visitation rights. Dad agreed, civil law judge, ex husband and myself all agreed and signed settlement order. Sent to custody judge who will not sign, stating counseling not enough. My dad is upset. Hasn’t seen granddaughter in over 2.5 years. Can the judge be forced to sign? Can we ask another judge? Why is judge allowed to overrule settlement agreement, which we were told would prevail. What to do?
A: The judge is under no obligation to sign. Custody and visitation was not an issue that could have possibly been resolved in the civil lawsuit between your ex and your dad, as that suit did not have the child at issue in any legal way. The best that they could agree to was to go with a united front back to the custody judge, which they did. I'm not sure who told you that a civil settlement "would prevail" over a custody order...the best anyone could say is that the agreement was likely to persuade the custody judge, which it obviously did not.
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A:
I'm sorry you're going through this difficult situation. Custody judges prioritize the best interests of the child, and they have the authority to make decisions even if there was a prior settlement. If the judge believes that the agreed terms like counseling aren't sufficient for your father's visitation, they might refuse to approve the modification.
You can consult with your attorney to explore options such as appealing the judge’s decision or requesting a review of the case. It might also be possible to ask for a different judge if there are valid concerns about impartiality or other issues, though this process can be complex.
Understanding the specific reasons the judge provided can help you address any shortcomings in the settlement agreement. Strengthening your case with additional evidence or demonstrating further commitment to your father's suitability for visitation may improve the chances of restoring his rights. Keep working closely with your legal counsel to navigate the next steps effectively.
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