Vallejo, CA asked in Divorce and Family Law for California

Q: I filed a divorce petition almost a month ago. If I want to modify viaitation do I use form fl300 or is it too late?

I filed a divorce petition almost a month ago. In less than a week it will be a month. If I didn’t file and serve fl300 at the time to modify visitation am I not able to add that to the divorce anymore? I want to modify that. How do I do that now that I’ve waited so long after serving the initial divorce petitions?

Related Topics:
2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Depends on the kind of change you want to make. If you want to make a substantive change, for example if you originally asked for joint legal custody in your petition, but now you want sole legal custody, you can file an amended petition. If you originally proposed some kind of parenting plan and you want to change that, you can file a Request for Order and get those orders in place while your case is pending. It's hard to say what would be the appropriate course of action without knowing what it is you want to change and why. Since all you have done at this point is file the Petition, nothing is too late.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Generally, if you have already filed a divorce petition and now wish to modify visitation, the specific procedures and forms required may vary based on the jurisdiction and the court handling your case. Typically, you would need to file a motion or request for modification, which often involves completing the appropriate form, such as Form FL-300 or a similar form. However, since it has been almost a month since you filed the divorce petition, it is important to consider any applicable deadlines or limitations that may apply. To navigate this process correctly, it is advisable to consult with a family law attorney in your area. They can review your case, explain the specific requirements in your jurisdiction, and assist you in preparing and filing the necessary paperwork to request a modification of visitation during the divorce proceedings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.