James Mitchell v. Valerie Roberson (2011)

MEMORANDUM OF DECISION

The plaintiff's motion for visitation and joint legal custody was heard by this court at a hearing on March 7, 2011.   On March 24, 2001, this court denied the motion because the plaintiff provided no credible evidence of a substantial change in circumstances or that a modification and an order of visitation would be in the best interests of the child.   Only 20 days later the plaintiff filed another motion for modification and a fee waiver.

The court requested that the plaintiff submit what he contended was any change in circumstances that had occurred in the brief passage of time since the issuing of the court's decision.   On April 22, 2011, the plaintiff has submitted to the court a three-page letter which purports to explain the alleged change of circumstances.   Upon the court's reading of this document, it is clear that the plaintiff is actually contesting the court's earlier decision and apparently before seeking appellate relief has sought to have the court change its decision.   Therefore, taken together, the motion for modification and the letter are actually a motion for reconsideration and the court will so construe them.   After careful review of the plaintiff's motion, the court denies the motion for reconsideration of its decision.¹

BY THE COURT

Jack W. Fischer, Judge

FOOTNOTES

FN1. The court notes that there is nothing in its decisions that prevent the defendant/guardian from arranging for the child to visit the plaintiff..  FN1. The court notes that there is nothing in its decisions that prevent the defendant/guardian from arranging for the child to visit the plaintiff.

Fischer, Jack W., J.