- 1). Go to the court in the county of the child's residence and ask the clerk for the proper form to file your visitation request. Tell the clerk your circumstances; filing for visitation requires a different petition than changing an existing visitation order. Some courts also have websites that offer you free access to the forms. Filing fees vary in each state, so make sure to find out the cost and method of payment accepted by the court. You can also request a hardship waiver of the charges, which the judge must approve.
- 2). Fill out and return your completed paperwork, in addition to any fee-waiver requests, to the clerk's office. You can set up your hearing date at this time. The clerk will stamp the documents, file them and return the copies to you. Make two copies of everything because you'll need to serve the other parent with endorsed copies of the petition.
- 3). Serve a copy of the filed visitation forms to the other parent through someone else. You can't do it yourself and it must be done within 21 days of the hearing, unless the judge shortens the time. A person older than 18 who has no involvement in the case must serve the papers. You can also hire a professional process server by looking online or in the phone book. Your server must complete a Personal Proof of Service that proves she delivered the papers to the other party. Bring the original Proof of Service back to the clerk to file as evidence that you notified the other party. Make a copy of this document to bring with you to court.
- 4). Arrive at the court hearing early with copies of all documents that were filed, including previous visitation orders and papers that pertain to your case. Look on the list posted by the door of the courtroom for your name and hearing time. If you don't see it, show your papers to the deputy in the courtroom or go to the clerk to confirm your hearing. Be polite when presenting your case to the judge and wait your turn to talk. If you have any witnesses, have them testify as well. The judge will make a decision after hearing all sides of the case.
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