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?

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2 Lawyer Answers

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.

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Answered

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.

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