modification of visitation

Question Details: can I file for a modification of visitation without hiring an attorney?

Asked 11/3/2009 under Personal Injury | 328 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Personal Injury Law Answers

You can but you will need to know the correct court forms to file and you will need to complete them yourself. The court will not help you.

If you are in a situation where the other person will fight the modification or not agree to it, then I would recommend that you consult a family law attorney. After reviewing your case, the attorney would determine the best course of action to obtain the modification including making sure that you have the proper grounds for requesting the modification.

<!-- @page { margin: 0.79in } P { margin-bottom: 0.08in } -->

Yes. In Alabama, you would file a Petition for Modification of visitation with your local family court and can do so without an attorney. Courts look at the following 12 factors when deciding custody and visitation matters to determine what is in the best interest of the child:

 

  1. Sex and age of each child

  2. The emotional, social, moral, material and educational needs of each child

  3. The respective home environments offered by each party

  4. The characteristics of each party seeking custody, including age, character, stability, mental and physical health

  5. The capacity and interest of each parent to provide for the emotional, social, moral, material and educational needs of the children

  6. The interpersonal relationship between each child and each parent

  7. The interpersonal relationship between the children

  8. The effect on the child of disrupting or continuing an existing custodial status

  9. The preference of each child, if the child is of sufficient age and maturity

  10. The report and recommendation of any expert witnesses or other independent investigator

  11. Available alternatives

  12. Any other relevant matter the evidence may disclose

Make sure to describe exactly what has changed since custody was initially awarded and why a modification would be in the child's best interest.

Related Personal Injury Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com