Your attorney or you will have to bring a motion OSC setting forth the reasons why visitation or custody should be expanded or changed and attach the documents.
My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.
Make sure that you have attended Orientation. If you haven't already done it, do it ASAP. This is an important part of the process, as is the mediation that follows.
You do not say what your current custody orders are, you just ask about getting custody. If you are under temporary visitation orders that restrict your time due to the prior DVRO, then filing a Request for Orders to change this pending mediation might not be a bad idea.
If you already have joint custody and want full custody, then Mediation is the ONLY way that your case will make progress (unless there are some new developments, that is).
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Respectfully, this is like asking a bunch of doctors how to remove your own appendix. The short answer would be to see a doctor. Here the short answer is you retain a lawyer.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
Everyone in nearly every case wants to gel his or her case in front of the Judge now. If you have an emergency situation where your children are under threat of possible significant psychological or physical harm then you have some chance for success. You can only get relief by getting emergency orders which will call for an emergency screening of the matter with a mediator which may not even be available in every county such some counties will have the availability. To have anything happen quickly you will have to hire an experienced family law counsel.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.