Table of Contents
How is child visitation determined?
Visitation rights may be determined by the agreement of the parents or by a court order if the parents cannot agree. Courts will generally consider the wishes of the child, if age appropriate, when reviewing custody and visitation issues. The parents can draft a specific agreement which may include: Specific weekends.
How do I file for visitation rights without a lawyer?
Getting Visitation Rights Without a Lawyer?
- Talk to Your Child’s Other Parent. It sounds too simple to be a solution.
- Consider Mediation. You and your child’s other parent generally agree that you should have some type of visitation.
- Represent Yourself in Family Court.
- Your Time in Court.
Who decides child visitation?
At the point that primary custodial rights are assigned, who gets to determine visitation shifts a bit in a practical sense. In general, the parent with primary custodial rights over a child will get to decide what kind of visitation the other parent will have, so long as it is in compliance with the court’s order.
How can I get visitation of my child?
Draft your petition. To establish visitation of your child, you must file a Petition to Establish Visitation and Shared Parental Responsibility.
How to file a petition for visitation rights?
File the petition with the court clerk. You may be required to serve the petition on the other parent or the court might do it for you. If you are required to serve it, get details from the court clerk about what constitutes legal service.
How can I get my Visitation Order modified?
To ask the court to modify your visitation you must file a supplemental petition that alleges a “substantial, material, and unanticipated change” in circumstances since the original visitation order. Generally, the court will make the modification if the judge determines that the change is in the best interests of the child.
How is visitation decided in a custody case?
Custody and visitation are two separate matters but they are usually decided during the same hearing. A visitation petition can be filed as a separate case. The court will order visitation if it is in the best interest of the child. Visitation is also called “parenting time”.