If you want to file a motion for child visitation, your first job is to secure a divorce attorney to assist you in your case. It will be very difficult for you to draft this motion without a professional there to help guide you through the process. Whether you are in the midst of a divorce or the divorce has been settled and you now want visitation, you will want to have a divorce lawyer there to help you. When you petition for visitation, you will also need to determine how often you want the visitations to take place and how this will affect holidays, birthdays and summer vacations.
In order to file for visitation, you should try to come to an amicable agreement with your spouse. If you and your ex-spouse can agree on a satisfactory visitation schedule, it will save you a lot of time and many headaches. Yet if you and your spouse have a hard time working together, you may need to petition for a mediator to help you negotiate. You may also need to file a visitation motion without the permission or approval of your spouse if you cannot come to a reasonable compromise.
If you cannot come to an agreement with your spouse, you will want to tell him or her that you will be requesting visits with the children by using the court as a mediator. You will then need to visit your local courthouse and ask the court clerk about the process for requesting visitation through a Family Court. The lawyer will then give you pertinent paperwork and walk you through the process so that you can fill out the paperwork correctly. You will want an attorney to supervise as you fill out the paperwork. You will want to request a specific contact with the children, whether it is weekends, holidays, birthdays, summer vacation, or more. Your spouse's attorney will probably challenge your request, so be prepared to answer his or her questions.
You may need to pay a fee to have your paperwork filed with the local courthouse. After you do so, you may also need to purchase a money order for the exact amount and give it to your attorney to file with the court. After this, the court will decide whether or not you deserve the visitation time that you requested, and will make out a schedule for you and the custodial parent that permits you to have visitation at specific times. Depending on your criminal history, history of addiction, or other aggravating factors, you may only be permitted to have supervised visitations. Talk to a Los Angeles divorce lawyer near you today if you want more information about visitation filings or need to secure assistance for this process!