How to Ask for Visitation 

What is visitation? 
If your child/ren live with the other parent (or another 
person), you probably have the right to spend time 
with them. This is called visitation.  

How do I know when it’s my turn to be with 
the children? 
You may already have court orders that say what the 
visitation schedule is. If not, you can ask the court for 
a visitation schedule so you and the child/ren will 
know when you can spend time together.  

The court wants you and the other parent (or other 
person with custody of the child/ren), to have a 
parenting schedule that is good for the children. A 
good schedule gives the children regular times with 
each parent. This lets the children know which parent 
they will be with and when. This helps the children to 
feel loved, secure and cared for.  

If you and the other parent cannot agree, the judge 
may order a schedule for visitation. 

Can a grandparent ask for visitation? 
In Alabama, the law is not clear about grandparents’ 
rights to visitation. Talk to a lawyer. 

How do I ask the Court for visitation? 
You must fill out and file a court form. If you already 
have custody and support orders, fill out a Petition for 
Visitation Orders. 

What if I was never married to the mother 
of the children? 
If you are not listed as the legal father of the 
child/ren, you will have to prove to the court that you 
are the father. See: Who is the legal father? 

What if the other parent is asking for full 
custody of the child/ren? 
If you agree with the other parent about the custody 
orders requested, you can file a Petition to ask for a 
schedule for visitation. If you disagree, you can ask 
the court for custody, too. (See: How to Ask for A 
Custody Order.) 

Will the judge make the visitation orders I 
ask for? 
The judge may make the visitation orders you ask  
for if: 
•  You want to be involved with the child/ren, 
•  You are a fit and proper parent,  
•  You have a safe place for the child/ren to be, and 
•  The schedule you ask for is reasonable. 

Rev. 1/08 

Can the court help me fill out my forms? 
No. But this sheet gives you general information  
about how to fill out the forms.  

What do I do after I fill out my forms? 
Take your originals and 2 copies of each form to the 
court clerk in the same county where your current 
custody orders are from.  

Do I have to pay to file my forms? 
Yes. You must pay a filing fee in cash or with a 
money order. The clerk can tell you the exact 
amount. 

If you cannot afford to pay the fee, also fill out this 
form to tell the court about your income and 
expenses: 
•  Affidavit of Substantial Hardship 

But do not sign it until you are in front of a notary 
and swear that the information is true. The judge will 
decide if the fees can be postponed. 

What will the clerk do with my forms? 
The clerk will: 
•  date-stamp all your forms, 
• 
•  give you a date-stamped copy for your records. 

keep 2 copies, and  

How will the other parent know I am asking 
for visitation? 
After you file your forms, the clerk will have someone 
serve (give or mail) the other parent a copy of your 
forms. That way the other parent will know what you 
are asking for and when to go to court. 

Important! If the address you give for the other 
parent is not current, the court cannot hear your case. 

Will the change affect child support?  
Probably not. The parent with visitation still has to 
pay child support.  

When is my hearing? 
The court will send you a letter telling you the date 
and time of your hearing.  

Need help? 
Call Legal Services Alabama at: 877-393-2333 
Or visit: www.alabamalegalhelp.org 

© 2008 Alabama State Bar 

 

 

 

 

 

 

 
 
 
 

 

 
  

 

Petition for Visitation 

Case Number: 

  Court of (county): 

 

v. 

  County, Alabama 

Plaintiff’s First and Last Name 
(the person listed as Plaintiff on any previous Order in this case) 

Defendant’s First and Last Name  
(the other parent) 

Important! If this is the first time you are asking the court for orders for these children, you must file this 
form in the same county where the child/ren live.  
Do not use this form in a child support case filed by Alabama DHR. 

Print your answers. 
q   Your personal information: 

Name:  

first  

Address:  

Phone #: ( 

) 

Your relationship to the children above: (cid:133) Mother   (cid:133) Father (cid:133) Other (explain):  

 

middle 

last 

  Age:  

street address  

city 

county 

state  

zip 

Information about the other parent 
Name:  

first  

Address:  

middle 

last 

  Phone #: ( 

) 

street address  

city 

county 

state  

 
zip 

Information about the children 
Names and dates of birth of the child/ren under 19 involved in this visitation case (print): 
Name:   
Name:   
Name:   
Name:   

Date of birth:  
Date of birth:  
Date of birth:  
Date of birth:  

 
 
 
 

Where do the children live now? 
Address:  
 

street address  

city 

county 

state  

zip 

orm PS–06 

Page 1 of 2 

 
Rev. 8/08 

  F

In the  

 

 

Information about the custody order you have now  

Who has legal custody of the children now?   (cid:133) The other parent  
 
Address of person with legal custody now:  

(cid:133) Other (name and relationship):  

Where was your current order made? County:  
t   Other cases involving these children  

  State:   

List any other court cases, like child support, juvenile, or DHR about the child/ren below: 

When and where were the orders made?  

Date 

County 

State 

What kind of orders did the court make? 
 

 

 

 

 

 

 

 

 

 

 

 

 

w  

e  

r  
 

 

Rev. 10/08 

© 2008 Alabama State Bar 

orm PS–06 

Page 2 of 2 

Rev. 8/08 

Petition for Visitation 

Case Number: 

 
y  Best place to pick up and drop off the child/ren 

Pick up at:  

Drop off at: 

 

 

   Visitation Schedule Requested 

Describe the visitation schedule you are asking for below: 

   The person asking for visitation must read and sign below: 

I am asking the Court to make the visitation order I have asked for in this Petition. I want to be 
involved in raising the child/ren, and I believe visitation is in the child/ren’s best interest. 
I have a safe place for the child/ren to stay during visitation.  
I will support the child/ren as ordered by the court to the best of my ability.  
I want to have access to the child/ren’s medical, school, and court records. 
I swear that I am able to take care of the child/ren listed above. I am a fit and proper person.  

 
Signature of person asking for visitation 

  

Date:  

 

 

 

 

 

 

 

 

 

 

 

 

 

  F

 

  u

  i

 

 

 

 

 

 

• 

• 
• 
• 
• 
 

Rev. 10/08 

© 2008 Alabama State Bar