How to Modify Your Visitation Schedule in Court

Try to work out any problems before going to court. When you go to court, explain your position, and give facts to show that it is best for your child if a change is made.

Difficulty:

Moderate

Instructions

1. Decide whether you really must go to court to change your schedule or whether the problems can be solved by talking with the other parent about making a few changes.

2. See an attorney if possible before going to court in order to discuss your concerns, possible solutions and the laws of your state.

3. Determine to which court you will need to go. Start with the court that issued your current order or judgment. If it is not the right court, the court personnel will tell you where you need to go.

4. File a petition or complaint in court requesting modification of your current visitation schedule.

5. Include all relevant information in your court papers. State what the current schedule is (attach a copy of the judgment or order if possible), why you want changes and what changes you are proposing. Be specific, short, clear and to the point.

6. Ask court personnel to help you if there is something you do not understand.

7. Attend the scheduled court appearances, and calmly and politely explain what alterations you are asking for. If the other parent does not agree, you will have to have a trial in which both of you will present evidence for your positions.

8. Gather evidence that will support your position. For example, if your child is having trouble in school after visitation, keep papers and notes from the teacher to show this.

9. Focus on showing that a modification would be best for your child. Your inconvenience or annoyance should not be the point.

Tips & Warnings

• If you cannot hire an attorney to handle the case, pay an attorney to meet with you for an hour or so to explain the laws and trial procedures.

• Consider seeing a mediator to help you work out problems before heading to court.

• When you ask for a modification, the other parent can ask for a modification in his or her favor as a counterclaim. Be prepared to confront this if you decide to file court papers.