The answer is - it depends. Were you and the custodial parent married, and currently separated/getting a divorce/already got a divorce? If you already filed for divorce, you can also file a motion for temporary timesharing, ask the judge's judicial assistant to set it for a hearing, and present your issues to the judge.
If the parents were never married, and the "none custodial" parent is the father, was the paternity established? If not, you are a legal stranger to the child and not entitled to "visitation" (legal term is timesharing). Therefore, you need to file a Petition to Establish Paternity and Timesharing.
Best of Luck,
Helena Y. Farber, ~Associate Attorney~
Cindy S. Vova, P.A.
www.vovalaw.com
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