Ask for or change a custody and parenting time order
If you and your child’s other parent need help to set up a parenting plan for your child, one of you can ask a judge for an order about child custody and parenting time (also called visitation). You can also ask the judge to change an order if you already have one.
Before you start
Learn about custody and parenting time, so you understand what the law says and what type of orders you can ask for.
To make this request, you need a family law court case. If you don’t have one, you will have to open one at the same time. If you need help opening a case:
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See the types of cases you can open and learn how to open a case
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Go to the Family Law Facilitator or Self-Help Center in your court
If you are not sure if you have a family law court case, contact the clerk in your court or the Family Law Facilitator or Self-Help Center.
How to ask for custody and parenting time order
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Fill out a Request for Order form
Request for Order (form FL-300). Use this form to tell the judge:
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What order you want
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Why the order you want is in the best interest of your child
You can explain both on item 2, on page 2, and use item 10 on page 4, “Facts to Support,” if you need more space.
If you're asking to change an existing order, make sure you use the same case number as your existing order. And fill out item 2(d) on page two with details of the order you're trying to change.
Attach forms, like the Child Custody and Visitation (Parenting Time) Application Attachment (form FL-311), to give more details about the orders you want, like what schedule you want each day and the place you will do custody exchanges.
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Make copies of your forms
After you’ve filled out, signed, and dated your Request for Order and any attachments, make 2 copies of the forms and any attachments.
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Attach documents to support your case
Sometimes it's important to have documents that support your case. If you have any, you can attach or file these with your request so the judge can consider them at the hearing.
- Documents that support your case might include things like school grades, a letter from a counselor, or your work schedule
- Blackout any private information like a Social Security number or account numbers
- If there is a witness (someone who saw or personally knows something), you can ask them to write and sign a statement that says what they know. Learn more about witness statements.
If you don't have these ready now, you can file them later.
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File your forms
To file your forms with the court:
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Give the original and the 2 copies to the court clerk
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Pay a $60 - $85 fee (unless you have a fee waiver)
There may be other fees, like if you're asking for an emergency (ex parte) order or changing an order.
The clerk will:
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Stamp the forms
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Write a hearing date on the Request for Order form
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Keep the original form and return the stamped copies to you
You will have to go to mediation or child custody recommending counseling before you see the judge.
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Child custody orders
What's next?
Once you’ve filed the forms, the next step is to serve the other parent.
Before or after you’ve served the papers, you can start to prepare for your child custody mediation or child custody recommending counseling.