Things You'll Need:
- potential lawyer
- filing of paperwork with courts
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Step 1
Talk to your partner and see what you can agree to. The easiest way to secure visitation rights with your child is to talk to the other parent when you decide to split up, and agree to when you will each see the child. You might agree to have joint physical custody, where you divide time with the child. Or, you might decide that one parent will have physical custody and the other parent visitation rights.
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Step 2
Find a custody mediator. If the two of you are willing to work together to decide when you will each see the child, but can't agree on the details, you could seek a custody mediator. The mediator would be an impartial facilitator, to help the two of you reach an agreement on custody and visitation. You can locate mediators online through various mediator directories such as Mediate.com, site listed in the resources. Or, you could look up mediation in the phone book.
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Step 3
Come up with a parenting plan. Once you meet with the mediator and discuss visitation, you will come up with a parenting plan for your children. The plan will include such things as how you will make major decisions (legal custody), physical custody, the schedule for each parent to see the child, a holiday schedule, and sometimes details about how you will raise the child, such as not allowing drinking in the home while the child is there, or agreeing to attend doctor visits for the child together.
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Step 4
File a petition with the courts to gain visitation with your child. If you can't reach an agreement in mediation, you will have to take things to the next level and get the courts involved. You will generally need to file the petition in the state where the child has resided for at least the past six months. Make sure to file in the appropriate court in that state. For instance, in Maryland, you would file with the Circuit Court.
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Step 5
Serve notice on the other party. One thing you must do when filing for visitation in the Court is to serve the other party with this notice. You must either mail them the paperwork or have it delivered.
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Step 6
Answer the complaint or countercomplaint for custody and/or visitation. If the other party has filed the paperwork with the courts, you will be sent notice. You will be required to file an answer stating whether you agree with what the party is seeking or contest it. If you were the one petitioning for visitation, the other party must answer your complaint. Part of this answer by either party can be a countercomplaint for custody or visitation.
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Step 7
Attend the scheduling conference. In many states, such as Maryland, there will be a scheduling conference set up to determine the issues and set dates for any hearings. If you want to play a part in the scheduling of the dates, make sure to attend this hearing.
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Step 8
Attend the temporary hearing. If you want to secure visitation rights right away, you may be able to have a temporary, or pendente lite hearing, the same day as your scheduling conference. Otherwise, the temporary hearing may be scheduled within thirty days of the scheduling conference. At this hearing, the judge may grant you a temporary visitation schedule to see your children. This is the first step in the court process of securing visitation with your children.
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Step 9
Attend mediation if it is required in your state. The court process in many states requires you to attend mediation if you have disputed custody or visitation issues. Even if you already tried mediation privately, you may have to go to mediation through the court system.
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Step 10
Continue to try and work something out with the other party. You can resolve the visitation issues with the other party any time up until the judge holds the actual final hearing. If so, you can either file your agreement or file a line, which states that you don't need the court to decide the visitation issues. Or, the person who filed the petition for visitation can drop the case, if you work things out on your own.
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Step 11
Attend the final hearing. If all results to work things out ahead of time fail, you will have a final hearing where the judge will decide on your visitation. Both sides will present evidence, and the judge will make a final decision as to when you can see your children. As long as the judge doesn't find it unsafe for you to be around your child (such as in a child abuse case), you should be able to get some type of schedule to see your child.
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Step 12
A court order will be given by the judge, stating your rights to visitation. You have then officially secured your visitation rights with your child through the court system. The other party is required to let you see the child as the court order dictates.
