Legal Question in Family Law in California

Forms to Re-instate Child Visitation

My ex and I wish to reestablish child visitation. What forms or motions are required to do this.

The last order said I had to go to Family Services before reinstatement, however, I'm not sure if that would apply to an uncontested reinstatement.

Thank you.


Asked on 3/28/02, 2:53 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Forms to Re-instate Child Visitation

You do not need a court order or any forms to start visitation time with your children unless there has been CPS involvment. I would suggest that you meet with your ex and write out a schedule. If you have problems call Family Court Services to schedule an appointment. They will tell you what forms you need, if any, prior to your appointment. If you come to an agreement without Family Court Services it would be best to have that written up as a court order, but it is not necessary. You may be able to contact the Family Court Facilitator, if your county has one, and they can help you, otherwise ask an attorney to draw up and order, it shouldn't be too expensive. Again, it may not be necessary, but it would be beneficial and would protect you. Good Luck, Pat McCrary

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Answered on 3/28/02, 10:08 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Forms to Re-instate Child Visitation

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You can resume visitation without a court order or written agreement provided that doing so does not violate an existing court order. To protect everyone involved, you and the child(ren)'s other parent should probably prepare and sign a written agreement and schedule. Best approach is to enter into a written Stipulation, file it with the court, and have the court adopt it as a new court order. (Also, keep in mind that a change in visitation usually triggers a change in the amount of child support payable.)

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 3/28/02, 1:00 pm


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