« previous next »
Pages: [1]

Author Topic: How to file for initial visitation?  (Read 12286 times)

rh717x

  • Newbie
  • *
  • Posts: 1
How to file for initial visitation?
« on: September 29, 2012, 06:42:40 AM »
I'm trying to find out how one would go about filing for access rights, or visitation.  I contacted an attorney about this matter and it's $1500 retainer and minimum of $5000.  This seems far fetched as it would be paying for a "Right" I already have so to speak..

My case...I have a son I've been paying support on regularly for 15 years and not able to see the child.  I took a DNA test when my son was a year old and have the results 99.8% mine.  When i go to court on support (been twice) the judge won't even hear me on custody, visitation, or access.  Most sites are more concerned with charts on payments, and how much the support will be, but nothing on how to get visitation, if you don't have an attorney.  Anyone with Google and a computer can navigate to the tables and calculators etc.  but finding information and form templates for motions are entirely different.  I would like to file or get my parental rights, and some visitation.  I would be willing to do supervised, 5 min a week, just get to see my child. 

I have much more time that money and would be willing to do the prep work and file the forms if I knew what forms to file.  I've read Kansas Civil Procedure, family court rules, but nothing jumps out as to what the steps would be for a person never married to the mother to get access to the child.  On one of the Kansas sites there is a domestic relations form, I'm not sure if I can use that, file it with the clerk, serve the mother and go from there.  Thanks in advance.
Logged

Guru

  • Expert Member
  • *****
  • Posts: 366
Re: How to file for initial visitation?
« Reply #1 on: October 02, 2012, 08:46:38 PM »
Are you saying you haven't had any access to the child for the last 15 years?!?  If so, the court probably won't just hand him/her over on the spot.  You should be able to get reasonable parenting time, which would be maybe one day a week and every other weekend, but you'd have to work into that schedule over a certain period.

To answer your question - I believe there are 3 things that would need to be filed: 1.) a motion to request a change in parenting time (not custody).  This would lay out your request as to what you are seeking and why.  2.) a domestic relations affidavit short form (available on this site)  3.) a child support worksheet.  Technically speaking, parenting time and child support are two separate issues and you should really be able to file a simple motion to increase parenting time, but in your case being as it's been a long time, you have a better chance of winning if you can demonstrate the financial capability to care for him or her.

You can usually obtain a motion template/form from your local court.  You can then just write down what you want, take it to the clerk to file it and set it for hearing, send copies to all parties per the Kansas statute, and pay any necessary fees to file it.  Some courts charge about $30 to $60 to file a motion to modify parenting time or child support.

The court did not listen to your verbal motion to change parenting time earlier because it was just that - a verbal motion.  Under Kansas law on civil procedure, you cannot verbally motion for something that is not contained in your written motion.  i.e. you cannot go to a child support hearing and request a change of custody or parenting time unless you have filed a counter motion to request the same.

You may quickly find that representing yourself is a daunting task.  You might want to look into Limited Scope Representation (LSR) too.
Logged

KTM

  • Expert Member
  • *****
  • Posts: 215
Re: How to file for initial visitation?
« Reply #2 on: October 03, 2012, 08:24:33 PM »
Since you have had little to no contact for a significant period of time it may be prudent to find a highly qualified Child Psychologist or Psychiatrist and set up an appointment to discuss the impact your actions may have on your child. This information and an action/"treatment plan" can be written in a letter by the professional and included with your request. You do have legal rights as does your child. However, I would hope that both you & the Court would act cautiously with regard to the full impact your requests will have on your child. Both positive and negative. A qualified professional can help you to work through this with your child.
Logged
Pages: [1]
« previous next »