Purpose of the Document: A Motion for Visitation / Parenting Time is a legal request filed with the family court asking the judge to establish, modify, or enforce a parenting time (visitation) schedule for a minor child or children. It sets out the factual basis, proposed schedule, and legal reasons supporting the requested parenting arrangement, and is typically supported by a sworn declaration from the moving party.
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Common Grounds / Key Legal Terms
Motion for Visitation / Parenting Time often relies on the child’s best interest standard, safety concerns, parental fitness, stability of schooling, and existing custody orders. Key terms: parenting time, custody, best interest, temporary orders, supervised visitation, relocation.
- Best interest of the child
- Supervised visitation
- Relocation requests
- Temporary emergency orders
Step-by-Step: How to Apply for Motion for Visitation / Parenting Time
- Prepare the motion, declaration, proposed parenting plan, and notice to the other party.
- File with the family court clerk and pay any filing fee or request fee waiver.
- Serve the motion and supporting documents on the other party per service rules.
- Request a hearing date or indicate it’s an ex parte if emergency relief is sought.
- Attend hearing with evidence and witnesses; obtain the court order reflecting parenting time.
Timelines and procedures vary by jurisdiction — consult local court rules.
Documents Required for Motion for Visitation / Parenting Time
- Signed Motion for Visitation / Parenting Time
- Supporting Declaration / Affidavit with factual details
- Proposed Parenting Plan / Schedule
- Any relevant school, medical, or protective orders
- Proof of service and filing cover sheet
Tips for Success
- Be specific about schedules and transportation responsibilities.
- Attach corroborating documents (school records, texts, orders).
- Use neutral, fact-based language in declarations.
- Anticipate opposing concerns and address child safety plainly.
- Consider mediation if asked by the court and if safe to do so.