Ask for visitation in a guardianship
If your child has a guardian and you would like a court-ordered schedule for visitation, you can file a request in court to ask for a visitation schedule. If you are a child's guardian and the child's parent has an order for visitation but it's not working, you can file papers asking the judge to change the schedule.
How the process works
To ask for visitation or to change a visitation schedule:
- Fill out and make copies of a Petition for Visitation.
- File your Petition and get a court date.
- Have another adult (not you) mail a copy of your request and notice of hearing (the court date) to the child's guardian (or parent) and the child (if over 12 years old).
- Go to your court date.
Find out if your court has a form
There is no statewide form to ask for visitation. Your local court may have a form or a template you can use. Contact your court to find out if they have a sample or form you can use.
Fill out a Petition and a Notice of Hearing
- Fill out or create the Petition for Visitation.
- Fill out the caption on the Notice of Hearing -- Guardianship or Conservatorship (form GC-020). Also, fill out #1 and the names and addresses of the child's parents, guardians, and the child (if at least 12 years old) who need to be served by mail on page two. When you file the form, the clerk will write in the hearing date on the front.
Make at least 2 copies of all your forms. The court keeps the original. The others are for you and the child's guardian, or the child's parent if you're the guardian.
File your request
Go to the same courthouse you listed on your forms. Guardianship cases are heard in the probate department of the court, so you will file them with the probate clerk.
At the courthouse, you’ll file the forms you filled out by giving the original and the copies to the clerk.
The clerk will give you a court date and stamp the forms. The court will keep the original and return the copies to you. One is for you, the others are for the child's guardian (or parent if you are a guardian asking to change visitation).
Once you file the forms, you need to have someone (not you) mail a copy to the child's guardian or parent, if you're the guardian.