Legal Visitation Motion

LEGAL VISITATION MOTION

IN THE FOR THE COUNTY OF .

Case No.: . Assigned Judge: .

Petitioner Name: (hereinafter "Petitioner") and Respondent Name: (hereinafter "Respondent") submit this Motion for Visitation and respectfully state as follows:

RECITALS

WHEREAS, the parties are the parents of the minor child(ren) named below and have previously been subject to court orders or informal arrangements concerning custody and visitation; Child(ren): ; Dates of Birth: .

WHEREAS, Petitioner asserts that modification or establishment of a visitation schedule is necessary to serve the best interests, health, safety and welfare of the child(ren) and to provide for a stable, predictable, and regular contact with the noncustodial parent; and

WHEREAS, the parties have engaged in attempt(s) at informal resolution on and now seek court intervention to enter a binding visitation order.

NOW THEREFORE

NOW THEREFORE, Petitioner moves the Court for an order establishing the visitation rights and related provisions described herein and in support thereof alleges the following factual and legal grounds.

1. JURISDICTION

This Court has jurisdiction over the subject matter and the parties pursuant to the family law statutes and rules governing custody and visitation because the child(ren) reside in this County and at least one parent resides within the Court's jurisdiction. Petitioner currently resides at:

2. STATEMENT OF FACTS

Petitioner avers that the material facts are as follows: The child(ren) have resided primarily with since ; current school or daycare: .

There are no known active restraining orders affecting visitation except as follows: .

3. PROPOSED VISITATION SCHEDULE

Petitioner requests the Court adopt the following visitation plan in the best interests of the child(ren):

Supervised visitation required: Yes    Supervised by:

4. BEST INTERESTS OF THE CHILD(REN)

Petitioner alleges the proposed schedule supports the child's physical health, emotional development, continuity of education, and stability. Factors the Court should consider include: existing relationship with the noncustodial parent, the child's preference if of sufficient age and maturity, history of caregiving, and any risk of harm.

5. TEMPORARY RELIEF REQUESTED

Pending final hearing, Petitioner requests the Court enter temporary orders providing interim visitation as follows and entering any necessary provisions for transportation, exchange locations, and communication:

6. ENFORCEMENT, CONTEMPT, AND REMEDIES

Petitioner requests the Court retain jurisdiction to enforce the visitation order, impose sanctions for willful denial of court-ordered visitation, and award make-up visitation or other equitable relief. The parties may be ordered to attend mediation, exchange information regarding changes in address or telephone, and follow specific pickup and drop-off procedures to minimize conflict.

7. MODIFICATION

Any material change in circumstances affecting the health, safety, or welfare of the child(ren) shall be grounds for modification of visitation. Either party may petition the Court for modification upon a showing of changed circumstances and a determination that modification is in the child(ren)'s best interests.

8. NOTICE AND SERVICE

Petitioner certifies that a copy of this Motion will be served on Respondent at the following address and by the indicated method:

9. NOTICE TO COURT

Petitioner requests that hearings on this Motion be scheduled at the Court's convenience. Petitioner is available for a hearing and will provide supporting affidavit(s), witness testimony, and documentary evidence as required.

GOVERNING LAW; MISCELLANEOUS

Governing Law: This Motion and any resulting order shall be governed by the family law statutes and rules of procedure applicable in the court's jurisdiction.

Entire Agreement: Any order entered by the Court shall constitute the entire agreement between the parties on visitation matters until modified by subsequent order of the Court.

Severability: If any provision of an order entered pursuant to this Motion is held invalid, the remainder of the order shall remain in full force and effect.

Amendments; Waiver: This Motion may be amended by written motion filed with the Court. No waiver of any provision shall be effective unless in writing and signed by the party waiving compliance.

Counterparts: If practical, filings and orders may be executed in counterparts and transmitted by facsimile or electronic imaging for filing with the Court in accordance with applicable rules.

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

1. Enter an order establishing the visitation schedule and related procedures set forth herein or as the Court deems appropriate for the best interests of the child(ren);
2. Grant temporary orders pending final resolution as specified above;
3. Provide such other and further relief as the Court deems just and equitable.

Dated this day of , .

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