how to get visitation rights

[arasa81482]

My cousin has a five year old son and no visitation rights.  I want to know if there is a way to file papers to get visitation without hiring a lawyer.  The mom has recently decided to cut off my entire family including the father from seeing the boy.  there has never been a court order for child support or custody, and my cousin doesnt have a lot of money or resources to get the information.  if anyone can help, please let me know .

[shawneetears]

If there has never been any kind of order or litigation for custody or support for the child, your cousin "can" file for custody him self...aka "pro se"...However, He really should have an attorney; especially if the mom has one.  He should be able to stipulate in the filing that he is seeking only joint legal custody and visitation (would probably be less antagonistic)  but beware, if he hasn't been paying support, he could end up with some arrears.  I don't know all the specifics (which is exactly why he needs an attorney) but trying to do this on your own is tough, you always forget something and things never turn out like everyone wants.  If there is any way he could get her to enter into an agreement, all of them might be better of, otherwise the only recourse is to file for custody.

wish you all the best life has to offer!  :)

[arasa81482]

Thank you for the reply.  My cousin has paid child support the whole time so we are not worried about them going back 2 years for child support, and i am pretty sure the mother does not have a lawyer.  any information on what papers and how to file them would be greatly appreciated, but we will probably get an attorney since it seems like the best option.  however i would still like info on doing it on our own since i am not sure he can come up with the money.

[wendl]

Have him go down to teh court and speak with legal aid on what forms he needs to file. Or many states have a court website that you can download the paperwork and it gives directions.

When preparing a parenting plans, cs oders be VERY specific on days, times when its dads visitation time. Remember to included long weekends, school breaks etc.

**These are my opinions, they are not legal advice**

[shawneetears]

I do know that here in NC an attorney will want anywhere form 1500 to 2500 up front for a custody case.  The question on where to start on your own is going to be determined on a couple of things.... has there been a significant change in circumstance and how was initial custody first determined.
If the court never determined custody (meaning nothing was ever signed by a judge) then the wording of the complaint will be different.

There are alot of resources on this site if you are looking to do this on your own.  another source is to do a search for "custody" and your state...  for NC I came up with several good sites... one of those is angellaw.....  but bear in mind, this site is specific to NC law, still it gives you a good idea of what will happen when you go to court.

An attorney is always your best bet if the parties cannot come to an agreement.  Check around and see what is considered "standard" visitation for your area.  Find out if your area (or where ever the case will be heard) uses manditory medication (most places do now, especially if both parties are less than 50 or so miles from the court house).  If mediation is manditory then it is likely they have some sort of printed papers that will describe what mediation is and may even line out what they think is standard visitation (this is often adjusted to different aged children).  

It would really be better if both parties could come up with a parenting plan without all the expense and stress that will come with going to court.   Especially since, if there is no reason to keep the child from their other parent, then it is rare for a request for visitation to be denied.  It might have to be supervised at first, and likely would have to be phased in...but unless the parent can be proven unfit or a detriment to the child...they will get some form of visitation.
wish you all the best life has to offer!  :)