how to get visitation rights without a lawyer

by Dr. Angelita Goldner IV 7 min read

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. ...

Getting Visitation Rights Without a Lawyer?
  1. Talk to Your Child's Other Parent. It sounds too simple to be a solution. ...
  2. Consider Mediation. You and your child's other parent generally agree that you should have some type of visitation. ...
  3. Represent Yourself in Family Court. ...
  4. Your Time in Court.
Mar 27, 2020

Full Answer

Do I have visitation rights if I don’t have custody?

Feb 16, 2022 · If you are not the custodial parent, it means that your children live for the majority of time with the other parent, called the custodial or residential parent. First, any parent that is not the custodial or residential parent should understand that it is not the end of the world. Child visitation rights are something that courts and judges want to grant to the non-custodial parent …

Do I need a lawyer for help with a visitation schedule?

Sep 26, 2016 · If you want to file for visitation without a lawyer you will have a file a motion for visitation pro se with the county clerk's office in your county. The clerks may be able to help you. You should ask if there was Petition filed against by Cps, because you will probably would to file the motion in that case.

How do I get visitation rights for my child?

Feb 06, 2020 · Free legal aid exists for parents who can’t afford lawyers but still need legal assistance. File a Motion to Go Back to Court Given that it is rarely legal to deny visitation without a valid court order, sometimes it is necessary to go back to court.

Can a court enforce a visitation order without a schedule?

State laws vary, though it is not uncommon for the parent with sole custody to create the visitation schedule. He or she will then submit it to the court, and if the judge approves, it will be a court order. If both parents can cooperate with one another, they may reach an agreement together without court approval.

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Child Visitation Issues Can Be Solved

Child visitation is a highly contested issue, and one that requires much thought. Expert family law attorneys are here to help guide you through th...

How Does Joint Custody vs. Sole Custody Determine My Visitation Rights?

For the most part, courts have relaxed the meaning of joint custody vs. sole custody over the recent years. The main difference is that with sole c...

How Do I Start Fighting For My Visitation Rights?

Simple—fill out the form on this page to get started with a no obligation consultation. Only a child visitation attorney specifically trained and e...

What is visitation rights?

Visitation rights are legal rights granted by a court allowing the parent without custody to visit and spend time with their child within certain limits. While judges have the ultimate decision making power about visitation, parents can write and submit their own agreement, which can be accepted by the court if the judge finds it fair and legal. ...

How to make a visitation agreement?

1. Define the parties to your agreement. The first step in making a visitation agreement is to set out who will have visitation rights. While this will most often be the parent not having custody of the child, there are situations where other individuals may get visitation rights.

What is legal custody?

Legal custody includes information about which party to the agreement will make important decisions regarding the child. When you write this section be sure to include information about decisions regarding school, daycare, religion, medical and dental care, emergency care, jobs, and driving. ...

What does a judge look for in a child custody case?

In making this decision, a judge will look at the child's age and health, the emotional ties between the parent and the child, the ability of the parent to care for the child, any history of family violence, and the child's ties to the community (e.g., schools and friends).

What is a child custody evaluation?

If a judge requires it, there will be an evaluation and analysis, by an expert, who will come to your home and make a determination about your fitness to have visitation rights.

What is reasonable visitation?

Reasonable Visitation. If you have been awarded reasonable visitation rights, there generally will not be any details as to when each parent will be with the child. Instead, these orders are open-ended and allow the parents to work out the details among themselves. Supervised Visitation.

Who is Clinton Sandvick?

Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 20,537 times.

Why do courts want to grant child visitation rights to non-custodial parents?

Child visitation rights are something that courts and judges want to grant to the non-custodial parent because they realize that it is important for each parent to have a significant presence in a child’s life.

What is child visitation?

Child Visitation Rights – Get Help From Child Visitation Attorneys. Child visitation rights are something that courts and judges want to grant to the non-custodial parent because they realize that it is important for each parent to have a significant presence in a child’s life. For many parents, the most upsetting thing in ...

What is the difference between joint custody and sole custody?

The main difference is that with sole custody, the parent that is the residential parent makes the majority of the everyday decisions without needing to consult the non-custodial parent for permission.

Is child visitation a contested issue?

Child visitation is a highly contested issue, and one that requires much thought. Expert family law attorneys are here to help guide you through the process and are happy to provide 100% free consultations to show you what they can do to help your situation.

1 attorney answer

You can file for custody without a lawyer, however, given the facts presented I wouldn't advise it. If you want to file for visitation without a lawyer you will have a file a motion for visitation pro se with the county clerk's office in your county. The clerks may be able to help you.

Brandon O'neal Edwards

You can file for custody without a lawyer, however, given the facts presented I wouldn't advise it. If you want to file for visitation without a lawyer you will have a file a motion for visitation pro se with the county clerk's office in your county. The clerks may be able to help you.

Why do courts order supervised visitation?

Supervised visitation – The court may order supervised visitation for a variety of reasons including: reintroduction of parent and child, parenting concerns or mental illness, a history of abuse, substance abuse or neglect, and if there is a threat of kidnapping.

What happens if one party violates the visitation schedule?

If one party violates the visitation schedule, serious consequences may come into play, especially if it continues. A parent may lose visitation rights, be in contempt of court, or face criminal charges.

What are the different types of visitation?

Typically, child visitation arrangements can be broken down into one of two types: 1 Unsupervised visitation – The most common visitation, that allows the non-custodial parent spend his or her scheduled time with the child without being supervised by a neutral third party. 2 Supervised visitation – The court may order supervised visitation for a variety of reasons including: reintroduction of parent and child, parenting concerns or mental illness, a history of abuse, substance abuse or neglect, and if there is a threat of kidnapping.

What is child visitation?

What Are Child Visitation Rights? Visitation rights are afforded to the non-custodial parent in a situation involving divorce and child custody. The terms of visitation are laid out in what is called a “Child Visitation Agreement” or “Child Visitation Schedule.”.

Can you leave child visitation to the court?

However, tensions may be high in custody cases, and child visitation guidelines may have to be left to the court.

Can a visitation schedule be modified?

It is not uncommon for a visitation schedule to be modified. Life can get busy; jobs change, people move and children become more active. If you need to modify, try to work out an agreement with the other party, then submit it to the judge.

Is a visitation schedule enforceable?

A visitation schedule is only enforceable if it has been approved by a judge, or if the parties have written a legal contract. Even if you already have an agreement worked out, it is still recommended to seek approval from the court.

Paul Anthony Eads

Your requests are more than reasonable. I encourage you to obtain counsel and make your plan a reality.#N#More

John Joseph Gilligan

I assume by your question you do not have a current order giving you visitation. Therefore, you need to file a request for an order giving you overnight visitation so your time with your daughter can't be controlled by the mother. You should contact a family law specialist to assist you in this endeavor.#N#More

Michael Hulshof

Do you need an attorney to get visitation rights? No. If the parents don't agree do you need to file for visitation rights? Yes. Often time co-parenting does not require court intervention. A simple notarized agreement or even informal one suffices.

Tobie Brina Waxman

As the parent of this child, you already have those rights. What need is a way to enforce those rights so that Mom cannot prevent you from seeing your daughter. It's never a good idea to try to navigate the legal system on your own, i.e. without a lawyer. Although you are not required to hire a lawyer, it's highly recommended.

Christopher Walter Dull

Is there a current custody order? Were you married to the mom? You need to open up a paternity case or file a petition to establish a custody and visitation order and have the mom served. You also need to file a request for order to request a custody and visitation schedule if you do not have a court order currently.

How to increase visitation?

Improve & increase visitation 1 Establish legal paternity Legal visitation rights can’t be established without it. 2 Seek help to improve communication skills with the mother. 3 Pay child support. 4 Create an appropriate visitation schedule and arrange a safe, child-friendly environment for spending time with the child.

What is a visitation schedule?

Visitation schedules presented in family court must be practical, age-appropriate for the child, and made with the child’s needs taking priority over the father’s convenience. They must also be specific. Without a defined schedule, the court will have trouble enforcing the order.

How to help a mother with a child?

Seek help to improve communication skills with the mother. Pay child support. Create an appropriate visitation schedule and arrange a safe, child-friendly environment for spending time with the child.

What is a pro se complaint?

Pro se [pronounced pro-say] is the legal term used when the person filing a complaint represents himself. Another term you may hear is self-represented litigant. To file a pro se visitation complaint, a father should: Consider and define the visitation he wants family court to grant.

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Try to Reach An Agreement

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The first step in seeking visitation with your child is to try to work something out with the other parent. If the two of you are able to come to an agreement, you can then turn that agreement into an order by filing a petition with the agreement att...
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Filing A Petition

  • If you opt to go to court, obtain the petition form used by your local family court, which can usually be found on the court's website or by picking up a form in person. The form needs to be completed with such information as the names and addresses for you and the other parent, the child's name and age, and the visitation rights you are seeking. Be specific in your request. For e…
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Court Appearances

  • At the first court appearance, which is scheduled by the court, the judge will encourage you and the other parent to try to reach an agreement. In some states, you may be required to have a certain number of sessions with a mediator to try to work out an agreement before the case can proceed. You may also be required to meet with court personnel to try to reach a settlement. If y…
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Fulfilling Requirements

  • There is a chance that, although the judge might grant you visitation, it may come with certain requirements. For example, you could be ordered to attend parenting classes, take drug tests, or attend therapy before you are permitted to have visitation. If such requirements are given, you need to submit proof to the court that you have complied before visitation can start. When follo…
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