Legal Parenting Time Motion

Legal Parenting Time Motion

Court Name:   County:

Case Number:   Presiding Judge:

Petitioner Name: (hereinafter "Petitioner") and Respondent Name: (hereinafter "Respondent") submit this Motion to Establish/Modify Parenting Time and related relief.

Recitals

WHEREAS, Petitioner and Respondent are the parents of the minor child(ren) identified in Section 3 below and the court has ongoing jurisdiction over custody and parenting time matters in this action; and

WHEREAS, the parties seek a court order determining parenting time in the best interests of the child(ren), and Petitioner submits this Motion to establish specific parenting time, exchanges, and related provisions to promote stability, safety, and the welfare of the child(ren); and

WHEREAS, immediate relief in the form of temporary parenting time is requested pending further proceedings because circumstances described herein affect the health, safety, or welfare of the child(ren).

Now Therefore

Petitioner respectfully requests that the court enter an order granting the relief set forth below and, in support of this Motion, states as follows:

1. Jurisdiction

The court has jurisdiction pursuant to applicable family law authority because the child(ren) have significant contacts with this state and county, and the parties are subject to the court's personal jurisdiction. Petitioner requests the court exercise jurisdiction and enter orders in the best interests of the child(ren).

2. Background Facts

Petitioner and Respondent separated on or about . Since that time, the child(ren) have resided primarily with . The parties' current parenting arrangement is as follows:

3. Minor Child(ren)

4. Relief Requested

Petitioner requests that the court enter the following temporary and/or permanent orders regarding parenting time, exchanges, and related provisions. Petitioner seeks:

Temporary parenting time order pending final hearing
Permanent parenting time order as specified below
Expedited hearing on an emergency basis
Supervised visitation for

5. Proposed Parenting Time Schedule

A. Regular weekly schedule: Petitioner proposes the following regular parenting time to ensure consistent contact with the child(ren):

B. Holidays and special occasions: Petitioner proposes the following allocation of holidays, birthdays, and school breaks to promote predictability and fairness.

C. Summer and extended school-break schedule:

6. Exchanges and Transportation

The parties shall exchange the child(ren) at the following location(s):

Petitioner proposes that transportation responsibilities be allocated as follows:

7. Safety, Supervision and Other Limitations

If supervised visitation is requested, the parties propose the following supervisor and conditions: Petitioner states the following safety concerns or restrictions that should be incorporated into any order:

8. Communication and Decision-Making

The parties shall communicate regarding the child(ren)'s health, education, and welfare as follows: Major decisions affecting the child(ren)'s welfare shall require:

9. Enforcement and Contempt

The parties request that the court retain jurisdiction to enforce the parenting time order, and that violations of the order may expose the noncompliant party to sanctions, contempt proceedings, make-up parenting time, and other relief as appropriate to remedy interference with the child(ren)'s relationship with the other parent.

10. Notices and Service

Petitioner certifies that a copy of this Motion will be served on Respondent by the following method(s): Personal service    First-class mail    Electronic service (if consented)

Date of anticipated service:   Service address for Respondent:

11. Hearing Requested

Petitioner requests a hearing on this Motion on or after: and requests the court to set a date and time for argument and evidence.

12. Governing Law; Miscellaneous Provisions

Governing Law: This Motion, the proposed order, and any resulting judgment shall be governed by the laws of the State in which the court is located. The court's determination will be guided by the best interest of the child(ren) standard, including but not limited to each parent's ability to provide for the child(ren)'s safety, emotional and physical needs, and stability.

Entire Agreement: To the extent the court enters an order incorporating this Motion, such order shall constitute the entire written agreement between the parties with respect to the matters addressed herein unless otherwise modified in writing and signed by both parties and approved by the court.

Severability: If any provision of this Motion or any resulting order is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: Any amendment or waiver of the provisions requested herein must be in writing and signed by both parties or ordered by the court. No failure or delay by either party in asserting a right shall operate as a waiver of that right.

13. Verification

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the State that the foregoing is true and correct to the best of my knowledge, information and belief.

Request for Relief

WHEREFORE, Petitioner prays for the following relief:

1. That the court grant the parenting time schedule set forth in this Motion or such other schedule as the court finds in the child(ren)'s best interests.
2. That the court order any necessary supervised visitation, transportation arrangements, or other protective measures to safeguard the child(ren).
3. That the court set a hearing on an expedited basis if required to protect the child(ren)'s welfare.
4. That the court enter any further relief the court deems just and proper.

Certificate of Service

I certify that on I served a true and correct copy of this Motion on the Respondent by the following method(s):

Sign Now