An ongoing case is a case that is still in court. There is no final judgment. The judge has not yet made a final decision.
If you are in an ongoing court case like Divorce, Paternity, Separate Support, or a Custody-Support-Parenting Time (Ch. 209C) case, and you need a Parenting Time or Visitation Order, use a Motion and a Proposed Order.
There is no ongoing case if the court has already made a final judgment in a case between you and the other parent or there is no case in court right now between you and the other parent.
- you are not in an ongoing case with the other parent,
- there is no visitation or parenting time order, and
- you need a Parenting Time Order,
file a complaint like Separate Support, or Custody-Support-Parenting Time (Ch. 209C). If you also need a divorce, or your child has no legal father, you would file a complaint for Divorce or Paternity. In the complaints you can also ask for a Parenting Time Order.
- Only start a case in court if you need a court order.
- Once you start a case, the other parent can bring up other issues that concern them, like custody or child support or domestic violence. If you file a case, the other parent can file their own case to respond to yours.
- Even if you are not worried about health or safety, the other parent might be.
- If you are not sure if you need to file a case, talk to a lawyer.
- See Asking for Parenting Time with a complaint
- You must also file the Affidavit Disclosing Care or Custody Proceeding.
- If you are served with a complaint, file an Answer. See Asking for Supervised Parenting Time or Supervised Visitation in your Answer - You do not have to ask for supervision in your answer.