How to File a Motion in California for a Visitation Order
Divorce is never an easy situation and when children are involved things can get difficult very fast. The California courts are generally agreeable to decisions made by divorcing spouses regarding custody and visitation. If no agreement can be reached or circumstances change, California courts will take factors such as health, the child's age and which situation would be in the best interest of the child to determine future custody and visitation rights.
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Instructions
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Gather the correct petition form to file with the court. You do not have to have an attorney and the forms are online at the California State Supreme Court website. You can also go in person to any California Superior court and ask the clerk of courts office for the following forms: Order to Show Cause (FL300) and the Application for Order and Supporting Declaration Form (FL310). Fill out the forms and make at least two copies of all forms.
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Take the forms to the court and file them with the clerks office. The clerk will generally issue you a court date at this time. There is a possibility that you may have to go before a family mediator for a mediation session prior to your hearing.
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Serve the other parent with a copy of the forms (FL300 and FL 310) and a blank Responsive Declaration to Order to Show Cause or Notice of Motion form (FL 320). You have to serve the other parent at least 16 days prior to the court date. Once you have served the other parent you have to inform the court of perfected service by filling out a Proof of Service form with the court.
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Go to the hearing and bring a copy of all forms including the proof of service. If you were required to attend mediation make sure you were there as scheduled.
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