QUESTION

How can we appeal the judge's decsion about the visitation to my 3 year old daughter of her half sisters?

Asked on Jan 29th, 2014 on Child Custody - Rhode Island
More details to this question:
I have a 3 year old daughter with my husband. He has 2 daughters from a previous marriage (17 and 15). 1 year ago, the 15 year old decided she did not want to be a part of our family and has refused visitation. In August, the eldest daughter did the same. Both claiming they feel unsafe in their fathers care (though both admit that there has never been any abuse. They just think he might some day). Both girls have said mean and hateful things on social media about their father as has their mother. Due to this hatred, we told the girls they would not be able to visit their half sister until some family counseling was done so that we could be sure their anger was not transferred to the 3 year old. Their mother filed a motion for visitation of the 3 year old with the girls and some other things and then modified it and took out the visitation part. The judge ruled that the girls can visit the 3 year old at a family friend of their choosing or at their fathers home as long as he is not there. Or alternately they can take her somewhere for 3 hrs at least once a week. How can a judge rule on something that was not even a motion to rule on? Should we appeal the decision? If we appeal, what are the chances of winning? What are my right as the 3 year old's mother? We do not want to ban the girls from seeing their half sister, but we want some family counseling first to ensure that their anger is in check and they do not transfer their anger to our daughter.
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1 ANSWER

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Form the description given it would appear that the judge has erred in trying to preserve the relationship of the half-siblings. An appeal might be possible depended on the time which has passed since the ruling and it would appear to have a reasonable likelihood of success.
Answered on Jan 30th, 2014 at 9:56 PM

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