Steps for Requesting Visitation Modification in California

The court’s decision regarding custodial arrangements is not set in stone. As a child gets older, or the situation changes for one or both parents, it may be necessary or desirable to make a request for visitation modification. In fact, parents in California may find that they will need to make changes to the custodial agreement every 3 years or so. This is easy enough to do if the child’s parents are in accord, but it there is a problem reaching an agreement, it may be necessary to get legal assistance in filing for a visitation modification in a court in California.

When requesting for a formal visitation modification, the first thing the requesting parent has to do is to provide documentation showing why the changes are necessary to serve the best interest of the child. If the change in circumstances only affect the parent and not the child, it is harder to get the court’s approval for visitation modification as it is the priority of California courts to encourage a consistent and stable parenting arrangement.

To go ahead with requesting for visitation modification in a California court, the requesting parent needs to:

  1. Fill out Form FL-300 (Request for Order) and optionally Form FL-341 (Child Custody and Visitation Application Attachment). These will detail the proposed new arrangement
  2. Have the form/s checked out by a qualified lawyer experienced in visitation modification requests to ensure everything is correctly filled out
  3. Make copies of the forms for keeping, sending to the other parent and submission to the court
  4. Submit the form/s to the court clerk and pay the filing fee
  5. Receive two copies stamped “Filed” and a court date, or a mediator date if required
  6. Have someone else serve the other parent in person or by mail with the filed application and Form FL-320 (Responsive Declaration to Request for Order) at least 16 days prior to the assigned court date, depending on if Item 4 and “Court Order” boxes of your Form FL-300 are checked. If they are, the papers must be served in person
  7. Have the server file a properly filled out Form FL-330 (Proof of Service) or Form FL-335 (Proof of Service by Mail)
  8. Determine if attendance to mediation orientation or child custody recommending counseling is necessary
  9. Attend court hearing or mediation, whichever is applicable

Forms that may be useful

  • Form FL-341(A)- Supervised Visitation Order
  • Form FL-341(B) – Child Abduction Prevention Order Attachment
  • FormFL-341(C) – Children’s Holiday Schedule Attachment
  • Form FL-341(D) – Physical Custody Attachment Form
  • FL-341(E) – Joint Legal Custody Attachment

There is a lot of work that goes into getting a visitation schedule modified. Being aware of the legal process involved can help you improve your chances of getting the desired outcome.


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