This toolkit tells you about responding to a Motion Regarding Parenting Time. For general information about responding to a Motion Regarding Parenting Time, read the Articles. Read the Common Questions if you have a specific question. If you want to respond to a Motion Regarding Parenting Time filed by your children’s other parent or a third party, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for responding to a motion to change parenting time. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
Read the papers carefully
It is important to understand what the other party is asking for. It is also important to know the date, time, and place of the court hearing.
Pay attention to deadlines
There are strict deadlines in court cases. If you decide to file a Response to the Motion Regarding Custody or Parenting Time, file it with the court at least 3 days before the hearing. You must mail it to the other party at least five days before the hearing, or give it to them in person at least three days before the hearing.
Decide how you want to respond
If the other parent files a Motion Regarding Custody or Parenting Time, you can choose to do nothing. If you do nothing, the judge may change the court order without any input from you.
This may be fine if you agree with the other parent’s proposed change. But you should consider filing a response and attending the hearing if you want to give input about custody or parenting time. If the custody or parenting time order changes, it may also affect child support. Even if you don’t file a response, you can still participate in the court hearing.
You can use our Do-It-Yourself Response to Motion to Change Parenting Time tool to create the forms you need to respond.
Once you have your response form, date and sign it. Make five copies. Take the original and copies to the clerk’s office. The court clerk will keep the original for the court file and one copy for the Friend of the Court. The clerk will return the remaining copies to you. Mail the other parent a copy. If the other parent has a lawyer, mail the response to the lawyer instead.
On the remaining copies of the response, complete the Certificate of Mailing section. Return to the court clerk’s office and file two copies. Keep the other copy for your own records.
No. Parenting time can't be limited to enforce child support.