There are many reasons why people might need to change their rights.A child may be getting older and have more things to do.Changing the amount of time the child spends with a parent is possible.A judge can modify a Visitation Order if one or both parents request it.
Step 1: You can read your current order.
You should know what the current schedule is.Take out your copy and read it.Contact the court that entered the order if you have lost your copy.When you file your motion, you will need to make copies of the order.
Step 2: Understand the law of your state.
If there is a change in circumstances and a modification of the visitation rights is in the best interest of a child, most states will not make changes to the order.The person bringing the petition has to prove both.A parent's work schedule has changed and he or she can't make scheduled visits.The current schedule doesn't work for a parent who has moved.The schedule in the order has not been followed by a parent.The best interests of the child would be the reason for that.
Step 3: Meet with an attorney.
You may want to talk to a lawyer about modifying your order.An attorney can help you make the best arguments and navigate the court system.Some states allow attorneys to offer limited scope services if costs are a concern.You could only use a lawyer for legal advice or court forms.If you want to keep your legal bills down, you should use limited scope representation.Family law facilitation or self-help centers can be found in many courthouses.People who work there can offer advice.Ask the courthouse if there is a self-help center.You can get help from a legal aid organization.People in financial need can receive free or low-cost legal assistance from legal aid organizations.You can find a legal aid organization by entering your state or zip code.
Step 4: Talk to the other parent.
You should be able to come to an agreement with the other parent.You can avoid a hearing if you can agree.Talk to the other parent about why the current order isn't working.Make changes to reflect the current schedule.The joint custody agreement should outline how changes can be made.Follow the procedures for revising your relationship with your spouse.If you can't reach an agreement, you may be able to ask the court to appoint a mediator.draft a revised parenting plan if you can reach an agreementAlong with the parenting plan, you will submit a tipulation to the court.The judge will approve the order before the parents sign it.You can ask the court clerk what other forms you need to fill out.
Step 5: Attend mediation.
mediation can be requested before or after you file your motion.Depending on the court, parents can try to resolve their disputes using a neutral third-party mediation.When you got divorced or established the initial custody order, you may have already gone through the mediation process.If you and the other parent can reach an agreement in mediation, the mediator will help you draft an order for the judge to sign.
Step 6: Find the correct court.
You need to go to the court where the order was entered to modify it.Take out your order and read the name of the court that issued it.
Step 7: You should get a form.
The forms for family law matters have been printed.You need to fill out a petition or motion form.The correct form should be asked of the court clerk.It goes by different names.In Illinois, the form is called a "Petition to modify." In California, it's called an "Request for Order."Make sure the court clerk has everything you need.
Step 8: You have to complete the forms.
Print with black ink or use a typewriter.Each state requires slightly different information on its form.If you want to change the date of the visitation order, you will be asked if the change is in the child's best interest.
Step 9: You have to sign the form.
You might need to sign the form in front of a public official.The signature block on the form will tell you if you have to have your signature notarized.Most large banks and the courthouse have notaries.Bringing acceptable personal identification is a must.A valid driver's license is needed.
Step 10: The form should be filed.
You should make several copies after you have completed the form.You can modify the Visitation Order by making several copies.The completed packet should be taken to the court clerk.All of your copies should be stamped by the court clerk.The other parent needs to receive one of those copies.Depending on your state and county you may have to pay a filing fee.If you can't afford the fee, fill out a fee waivers form.
Step 11: Request a court date.
The clerk will give it to you.You may be able to write in this information on your petition form.You may need to fill out a separate form.Ask the court clerk.
Step 12: Notices be served on the other parent.
The other parent needs to be given notice of the motion.Notices will need to be served a certain number of days before the hearing.If you want to wait, serve notice immediately.Ask the court clerk what the acceptable methods of service are.You can use the sheriff.The sheriff can personally deliver service for a fee if the other parent lives in the same county as the court.You can ask for a fee waiver if you can't afford it.If the other parent lives in a different county, you have to get in touch with the sheriff.There is a process server.Notices will be served on the other parent by a professional process server.The cost of a process server can be as high as 75 dollars per service.An adult is not in the case.If you're not a party to the case, courts will allow someone 18 or older to personally serve the other parent.You can mail it.The courts may allow service by mail.You will usually need to mail the papers by certified mail.
Step 13: Proof of service can be filed.
You have to notify the court when service is made.You can do this by filing a proof of service.The form will be given to the court clerk.Whoever makes service will need to fill out a form and either file it with the court or return it to them.You should keep a copy of your records.
Step 14: Arrive early.
If you give yourself enough time, you can find parking, go through security, and still get to the courtroom 15 minutes early.You can tell the clerk that you are representing yourself when you enter the courtroom.
Step 15: Why do you want it to be different?
When the clerk calls your name, introduce yourself in a calm, clear voice.You need to give the judge a copy of your motion.You will go first, since you brought the motion.Explain the reasons why you think the order should be changed.If you have a new job in a different state, you should bring a copy of your employment contract.
Step 16: You have to fill out an order form.
The party that wins at the hearing usually fills out the order form.You might want to do this now.You can make changes with a pen if the judge's order differs from what you have typed.The other parent should review the order before it is sent to the clerk.
Step 17: If necessary, appeal.
If the judge doesn't approve your proposed schedule, you may want to appeal.You cannot appeal if you don't like the decision.You will need to argue that the judge applied the law wrong or that he didn't understand the facts.You should meet with an attorney if you take an appeal.Writing an appellate brief is complicated and requires experience and skill.You will need to file a notice of appeal with the court that ruled against you.The clerk can give you the form.