A
Absentee parents, Reason for filing for custody, 36
Abuse. see Child Abuse
Adoption, Termination of grandparent's rights, 15–16, 22–23
Affidavit, Uniform Child Custody Jurisdiction Act Affidavit
Age, 36–37
Agreement, 64–65
Agreement Regarding Child Visitation/Custody (Form 27), 65, 186
Alabama
Laws, 93
Visitation when child's parents are still married, 19
Alaska
Bass v. Bass, 437 P.2d 324 (1968), 88
Best interest of the child, 39
Laws, 93
Alternative Dispute Resolution. see Mediation
Appeals, 79
Application of waiver of court fees and costs (California), 67–68
Application to sue or defend as a poor person (Illinois), 67–68
Arizona
Laws, 94
Visitation when child's parents are still married, 19
Arkansas
Laws, 94
Visitation when child's parents are still married, 19
Attorney, 51–55
Selecting, 52
Why not to retain, 52
Why retain, 51
B
Bass v. Bass, 437 P.2d 324 (1968), 88
Beagle v. Beagle, 678 So.2d 1271 (Fla. 1996), 14
Best interest of the child, 39
C
California
Application of waiver of court fees and costs, 67–68
Laws, 95
Visitation when child's parents are still married, 19
Case Style, Definition, 23–24, 43
Certificate of Last Known Mailing Address (Form 29), 188
Certificate of Service (Form 7), 155
Child Abuse
Exclusion from visitation rights, 17
Reason for filing for custody, 34–35
Closing statement, 74–75
Colorado
Filing for visitation, 22
Laws, 95
Visitation when child's parents are still married, 19
Complaint. see Petition
Complaint for Grandparents Visitation (Massachusetts) (Sample) (Form B), 123
Complaint for Grandparents Visitation (Sample) (Form A), 121
Connecticut
Laws, 96
Visitation when child's parents are still married, 18
Conservatorship (Texas), 78
Coulter v. Barber, Matter of, 632 N.Y.S.2d 270 (1995), 87
Court Rules (book), Definition, 8
Courtroom behavior, 71
Custody
Agreement regarding (Form 27), 65
Definition, 6
Evidence, 82–83
Order (Form 18), 77–78, 170
Order (Form M), 139
Petition for (Form 15), 45–47, 164
Petition for (Form I), 133
Qualifying, 33–34
Reasons for filing, 33
Custody Cases, Examples, 88–89
Custody Decree (Sample) (Form M), 139
Custody of Sara Skyanne Smith, in re the, No. 65605-3 (Wash. 1998), 14
Custody Order (Form 18), 77–78, 170
D
Deceased Parent
Reason to file for visitation, 19
Decree. See Final Order
Decree for Child Custody (Texas) (Form 19), 78–79, 172
Decree Granting Grandparent Access (Texas) (Form 14), 77, 162
Decree Granting Grandparent Access (Texas) (Sample) (Form H), 131
Default, Motion for (Form 8), 62–4
Default, Motion for (Sample) (Form F), 129
Delaware
Laws, 96
Visitation when child's parents are still married, 18
Deposition, Definition, 68
Digests (books), Definition, 9
Discovery, Definition, 68
District of Columbia, Laws, 97
Divorce
Reason to file for visitation, 19
When seeking visitation as part of, 22–23
Docket number, Definition, 24, 44
Documents, Use of, 73
Drennan v. Drennan, 577 N.E.2d 149 (1988), 88
E
Ehrlich v. Ressner, 391 N.Y.S. 152 (1977), 86
Emmanuel S. v. Joseph E., 577 N.E.2d 27 (1991), 86
Emotional instability. see Instability
Evidence, 72
And custody, 82–83
And visitation, 81–82
Examples
Custody cases, 88–89
Visitation cases, 85–88
Expert witnesses. See also Witnesses
F
Filing a petition, 51
Final Order, 75–76
Financial Affidavit (Form 26), 48, 182
Financial instability. See instability
Financial situation, 38
Florida
Filing for visitation, 22
Grandparent visitation statute unconstitutional, 14
Laws, 97
Parents' right to privacy, 14
Petition for grandparent visitation, 27–28
Visitation when child's parents are divorced, 19
Visitation when child's parents are still married, 19
Florida Supreme Court
Beagle v. Beagle, 678 So.2d 1271 (Fla. 1996), 14
Von Eiff v. Azicri, No. 91,647 (Fla. 1998), 14
Form 1 (Petition for Grandparent Visitation), 25–27, 143–144
Form 2 (Petition for Grandparent Visitation) (Florida), 27–28, 145–147
Form 3 (Petition for Grandparent Visitation) (Massachusetts), 28–29, 148
Form 4 (Petition for Grandparent Visitation) (Texas), 28–29, 149–150
Form 5 (Petition for Intervention in Existing Lawsuit) (Texas), 30–31, 151–152
Form 6 (Uniform Child Custody Jurisdiction Act Affidavit), 153–154
Form 7 (Certificate of Service), 155
Form 8 (Motion for Default), 62–4, 156
Form 9 (Subpoena), 69–70, 157
Form 10 (Notice of Hearing), 66, 158
Form 11 (Request for Mediation) (Missouri), 30–31, 159
Form 12 (Waiver), 160
Form 13 (Visitation Order), 76, 161
Form 14 (Decree Granting Grandparent Access) (Texas), 162
Form 15 (Petition for Child Custody), 45–47, 164
Form 16 (Original Petition in Suit Affecting Parent-child Relationship) (Texas), 47–48, 166
Form 17 (Petition of Grandparent(s) for Intervention in Suit) (Texas), 77, 168
Form 18 (Custody Order), 77–78, 170
Form 19 (Decree for Child Custody) (Texas), 172
Form 20 (Motion and Order for Social Study), 66, 174
Form 21 (Motion for Appointment of Guardian ad Litem), 67, 175
Form 22 (Order for Appointment of Guardian ad Litem), 67, 176
Form 23 (Motion for Psychiatric/Psychological Examination), 67, 178
Form 24 (Order for Psychiatric/Psychological Examination), 67, 179
Form 25 (Motion to Proceed in Forma Pauperis), 67–68, 180
Form 26 (Financial Affidavit), 48, 182
Form 27 (Agreement Regarding Child Visitation/Custody), 65, 186
Form 28 (Motion and Order to Set Hearing), 61, 187
Form 29 (Certificate of Last Known Mailing Address), 188
Form A (Complaint for Grandparents Visitation) (Sample), 121
Form B (Complaint for Grandparents Visitation) (Massachusetts) (Sample), 123
Form C (Petition of Grandparent(s) for Intervention in Suit) (Sample) (Form C), 124
Form D (Original Petition for Grandparent Access) (Texas) (Sample), 126
Form E (Summons) (Sample), 128
Form F (Motion for Default) (Sample), 129
Form G (Waiver) (Sample), 130
Form H (Decree Granting Grandparent Access) (Texas) (Sample), 131
Form I (Petition for Child Custody) (Sample), 133
Form J (Original Petition in Suit Affecting Parent-child Relationship) (Texas) (Sample), 135
Form K (Subpoena Duces Tecum) (Sample), 137
Form L (Notice of Hearing) (Sample), 138
Form M (Custody Decree) (Sample), 139
G
Georgia, Laws, 98
Grandparent Access
Petition for (Form 4), 28–29, 149–150
Petition for (Form 14), 142
Petition for (Form D), 126
Petition for (Form H), 126
Grandparent Access, Decree Granting (Form 14) (Texas), 77
Grandparent Visitation
Petition for (Form 1), 25–27, 143–144
Petition for (Form 2), 27–28, 145–147
Petition for (Form 3), 28–29, 148
Petition for (Form A), 121
Great Grandparents, Visitation rights, 22–23
Guardian ad Litem
Definition, 67
Motion and Order for Appointment of (Forms 21 & 22), 67
H
Hawaii, Laws, 98
Hawk v. Hawk, 855 S.W. 2d 573 (Tenn. 1993), 14
Hearing
Motion and Order to Set (Form 28), 61
Notice of, 61, 66
Heresay, Definition, 72
I
Idaho
Laws, 99
Visitation when child's parents are still married, 18
Illinois
Application to sue or defend as a poor person, 67–68
Laws, 99
Marriage of Lindsay, in re, 511 N.E.2d 198 (1987), 87
Visitation when parents file for divorce or separation, 19
In Forma Pauperis, Motion to Proceed (Form 25), 67–68
Indian Child Welfare Act, 20
Indiana
Laws, 100
Visitation when child's parents are divorced, 19
Instability, Reason for filing for custody, 36
Interrogatories, Definition, 68
Intervention
Complaint for (Form 5), 30–31, 151–152
Complaint for (Form C), 124
Intervention, When seeking visitation as part of divorce, 22–23
Iowa
Laws, 100
Visitation when child's parents are still married, 19
J
Judgment. See Final Order
K
Kansas, Laws, 101
Kentucky
Laws, 101
Visitation when child's parents are still married, 18
L
Lawyer. see Attorney
Legal Encyclopedias, Definition, 9
Louisiana, Laws, 102
M
Maine
Filing for visitation, 21–22
Laws, 103
Visitation when child's parents are still married, 18
Mansukhami v. Pailing, 318 N.W.2d 748 (1982), 88
Marriage of Balzell, in re, 566 N.E.2d 20 (1991), 87
Marriage of Lindsay, in re, 511 N.E.2d 198 (1987), 87
Maryland
Laws, 103
Visitation when child's parents are divorced, 19
Massachusetts
(Complaint for Grandparents Visitation) (Sample), 123
Filing for visitation, 21–22
Laws, 104
Petition for Grandparent Visitation (Form 3), 28–29, 148
Visitation when parents file for divorce or separation, 19
Mediation, 22
Request for (Form 11), 31
Michigan
Filing for visitation, 21–22
Laws, 104
Minnesota
Laws, 105
Visitation when child's parents are still married, 19
Mississippi
Laws, 105
Visitation when parents file for divorce or separation, 19
Missouri
Laws, 106
Mediation, 22
Request for Mediation (Form 11), 31, 159
Visitation when child's parents are still married, 19
Montana
Laws, 106
Visitation when child's parents are still married, 18
Motion, Definition, 66
Motion and Order for Social Study (Form 20), 66, 174
Motion and Order to Set Hearing (Form 28), 187
Motion for Appointment of Guardian ad Litem (Form 21), 67, 175
Motion for Default (Form 8), 62–4, 156
Motion for Default (Sample) (Form F), 129
Motion for Psychiatric/Psychological Examination (Form 23), 67, 178
Motion to Proceed in Forma Pauperis (Form 25), 67–68, 180
Motion to Set Hearing (Form 28), 61
Motivation, 37–38
N
Native American Child, Visitation, 20
Nebraska, Laws, 107
Neglect, Reason for filing for custody, 35
Nevada, Laws, 107
New Hampshire, Laws, 108
New Jersey
Laws, 108
Visitation when parents file for divorce or separation, 19
New Mexico
Laws, 109
Visitation when child's parents are still married, 19
New York
Coulter v. Barber, Matter of, 632 N.Y.S.2d 270 (1995), 87
Ehrlich v. Ressner, 391 N.Y.S. 152 (1977), 86
Emmanuel S. v. Joseph E., 577 N.E.2d 27 (1991), 86
Filing for visitation, 21–22
Laws, 109
Seymour S. v. Glen S., 592 N.Y.S. 411 (1993), 86
Visitation when child's parents are still married, 18
North Carolina, Laws, 109
North Dakota
Laws, 110
Mansukhami v. Pailing, 318 N.W.2d 748 (1982), 88
Visitation when child's parents are still married, 18
Notice of Hearing (Form 10), 61, 66, 158
Notice of Hearing (Sample) (Form L), 138
Notification. see service of process
O
Ohio, Laws, 110
Oklahoma
Laws, 111
Visitation when child's parents are still married, 18
Opening statement, 73–74
Order for Appointment of Guardian ad Litem (Form 22), 67, 176
Order for Psychiatric/Psychological Examination (Form 24), 67, 179
Orders, 75–79
Oregon, Laws, 111
Original Petition for Grandparent Access (Texas) (Sample) (Form D), 126
Original Petition in Suit Affecting Parent-child Relationship (Texas) (Form 16), 47–48, 166
Original Petition in Suit Affecting Parent-child Relationship (Texas) (Sample) (Form J), 135
Out of wedlock child, Reason to file for visitation, 20
P
Parental preference, 38
Parenting record, 37
Pennsylvania
Laws, 112
Suroviec v. Mitchell, 500 A.2d 894 (1985), 87
Visitation when child's parents are still married, 19
Petition
Definition, 43
Filing, 51
Petition for Child Custody (Form 15), 45–47, 164
Petition for Child Custody (Sample) (Form I), 133
Petition for Grandparent Intervention in Existing Lawsuit (Texas) (Form 5), 20–31
Petition for Grandparent Visitation (Florida) (Form 2), 27–28, 145
Petition for Grandparent Visitation (Form 1), 25–27, 143
Petition for Grandparent Visitation (Massachusetts) (Form 3), 28–29, 148
Petition for Grandparent Visitation (Texas) (Form 4), 29–30, 149
Petition for Intervention in Existing Lawsuit (Texas) (Form 5), 151
Petition of Grandparent(s) for Intervention in Suit (Texas) (Form 17), 168
Petition of Grandparent(s) for Intervention in Suit (Texas) (Sample) (Form C), 124
Photographs, Use of, 73
Pleadings, Definition, 43
Practice manuals, 7
Process. see Service of Process
Production of Documents, Request for, Definition, 68
Psychiatric/Psychological Examination, Motion and Order for (Forms 22 &23), 67
R
Relationship with children, 37
Relevance, Definition, 73
Request for Mediation (Missouri) (Form 11), 31, 159
Request for Production of Documents, Definition, 68
Rhode Island
Laws, 112
Visitation when child's parents are still married, 19
Rosemary E.R. v. Michael G.Q., 471 A.2d 995 (1984), 86
S
Separation of parents, Reason to file for visitation, 19
Service, Certificate of, 60
Service by Publication, 62
Service of Process, 58
Settlement, 64
Sexual Abuse, Reason for filing for custody, 34–35
Seymour S. v. Glen S., 592 N.Y.S. 411 (1993), 86
Social Study, Motion and Order for (Form 20), 66
South Carolina
Laws, 113
Visitation when child's parents are still married, 19
South Dakota, Laws, 113
Statutes, Definition, 7
Subpoena Duces Tecum, 69–70
Subpoena Duces Tecum (Sample) (Form K), 137
Subpoena (Form 9), 69–70, 157
Summons, 59
Summons (Sample) (Form E), 128
Suroviec v. Mitchell, 500 A.2d 894 (1985), 87
T
Tennessee
Grandparent visitation statute unconstitutional, 14
Laws, 114
Parents' right to privacy, 14
Visitation when child's parents are still married, 18
Tennessee Supreme Court, Hawk v. Hawk, 855 S. W. 2d 573 (Tenn. 1993), 14
Texas
Conservatorship, 78
Decree for Child Custody (Form 19), 78–79, 172
Decree Granting Grandparent Access (Form 14), 77, 162
Decree Granting Grandparent Access (Texas) (Sample) (Form H), 131
Laws, 114
Original Petition for Grandparent Access (Sample) (Form D), 126
Original Petition in Suit Affecting Parent-child Relationship) (Form 16), 166
Original Petition in Suit Affecting Parent-child Relationship (Sample) (Form J), 135
Petition for Grandparent Visitation (Form 4), 29–30, 149
Petition for Intervention in Existing Lawsuit (Form 5), 30–31, 151
Petition of Grandparent(s) for Intervention in Suit (Form 17), 168
Petition of Grandparent(s) for Intervention in Suit (Sample) (Form C), 124
Texas Original Petition in Suit Affecting Parent-child Relationship (Form 16), 47–48
Title, Definition, 24
Trial procedures, 73–75
U
UCCJA. see Uniform Child Custody Jurisdiction Act (UCCJA)
Uniform Child Custody Jurisdiction Act Affidavit (Form 6), 41, 153–154
Uniform Child Custody Jurisdiction Act (UCCJA), 10, 40–42
When applicable, 40
Utah, Laws, 115
V
Vermont, Laws, 115
Virginia, Laws, 116
Visitation
Agreement Regarding (Form 27), 65
Definition, 6
Evidence, 81–82
Process for filing, 20
Reasons for filing, 13, 15–16
Reasons not to file, 17–18
When child born out of wedlock, 20
When child is Native American, 20
When one parent is deceased, 20
When parents are divorced, 19
When parents are still married, 18
When parents file for divorce or separation, 19
Visitation cases, Examples, 85–88
Visitation Order (Form 13), 76, 161
Von Eiff v. Azicri, No. 91,647 (Fla. 1998), 14
W
Waiver (Form 12), 160
Waiver of Service (Form 12), 58–59
Waiver (Sample) (Form G), 130
Washington
Grandparent visitation statute unconstitutional, 14
Laws, 116
Washington Supreme Court, Custody of Sara Skyann Smith, in re the, No. 65605-3 (Wash. 1998), 14
West Virginia
Laws, 117
Visitation when child's parents are still married, 19
Wisconsin
Laws, 117
Visitation when child's parents are still married, 18
Witnesses, 69. See also Expert witnesses
Wyoming
Laws, 117
Visitation when child's parents are still married, 19
Visitation when one parent is deceased, 20