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Old 06-12-2000, 06:01 PM
Ter68
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My ex-husband has primary physical custody of my two sons, ages 8 and 7. How do I go about getting increased visitation?? Are they too young to talk to a judge themselves?
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Old 06-12-2000, 06:20 PM
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You need to file a "petition for modification of visitation order" in the county/court where the original order was entered. You CAN obtain these forms from either a legal aid office or one of the many "legal forms" stores in the local yellow pages (the stores of course have a fee)....then you can either complete them yourself or have an attorney or, in some cases, a rep at the legal form store who is able, help you complete them and then you will file your petition, pay the filing fees and proceed from there with having the ex served - he has a set time to respond - the matter goes before the judge (if the ex responds there will be a hearing, if not the judge can sign the order as is unless they want further information in which case they will call a hearing) - and so on so forth as I am sure you are familiar with from the original proceedings. OR you can obtain the services of a family law attorney to do all the work for you and be more sure of the "legalese" to be used on the forms. Depends on how sure you are of your own abilities (I have done custody, visitation, support and dissolution and it isn't too terribly hard if you are willing to take the time to understand the forms)......and how likely the ex is to fight your motion. If he will fight it I would suggest legal counsel from the outset of the proceedings to protect your interests in the case. Try your state bar association or get referals from friends/family for an attorney in your area.
Good Luck!
PS You may also want to check into whether or not the courts where this originated offer mediation services which is less headache than actual court as you will all meet and discuss options to come up with a plan that the mediator can take to the judge for consideration/signing. As to your children speaking - they are VERY young for such consideration and it is highly unlikely the judge will go that far.
 



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