Help With Visitation Laws?
915324
Talk with an attorney before this goes to court. After it goes to court it will be made a court order. God bless
1180183
Usually a parent who has been absent ( away from the child for jail, prison whatever) that wants to legally establish ( get ) rights for visitation\n\nAlso if you are unmarried it is the father trying to establish his rights.He would be required to do DNA test to show paternity.\nHe then would be required to pay support and could  get visitation, ( custody) etc.\n\nAnd anything filed in court is a petition... You are asking for something is what it meens\n\nIf he has been removed from the child ( not around at all and no support etc) and there is another "father" like you ar e now married and lets say your kid is 12 and the birth father has never been around etc. You may have a case to prevent him from getting visitation.
991150
Actually, you and your husband should have full custody of your child, since the Mother was incarcerated.  \n\nThe Mother has to have a "permenant" address, in which to file, for joint custody, and that is only going to be on the weekends and maybe time in the Summer for vacations.\n\nYour child, if he/she is old enough can elect not to go to the Mother, for vacations as she may pose a danger to them, (if she is on drugs or some other thing that may be a restriction).\n\nCheck with your lawyer and see what your "rights" are, and what her "rights" may be...\n\nI wish you well..\n\nJesse
118931
Send her a certified letter about your intentions of picking up the kids. Actually show up at the designated time and have a witness.  Bring your written visitation decree along with you and notify the local sheriff's office of your intention to enforce the divorce decree.  Keep a written book of all of your attempts to visit your kids. If you find her new phone number, record all future calls.  Gather your child support receipts in a shoe box if you don't pay through the Court.  File contempt of court charges.  If you can't afford a lawyer, be willing to represent yourself in court.I spent $40,000 to get visitation for my husband.  I was the new wife and I kept good records and tape recordings and if I had to do it again, I would have represented him myself.  After 2 years he won visitation and it was very complicated...Don't stop paying child support and read the Book of Psalms in the Bible....
1095637
The answer is really simple. I myself has just gone thru this. You Must submit to him in writing that you are moving to another state(if it's over 100 miles) and is taking the child with you. he has 30 days to respond by taking you to  court. if he does take you to court, be prepard to give concessions such as you will drive your son for visits with his dad, etc. another concession to give him equal custody (joint) as he would have a more say so in how the child is raised. this case law is from louisiana so the law differs from state to state as far as moving out of state. best to research the subject by going to your local library where they have law books and should help you to know exactly where you stand. Hope this helps
114530
Very easily. Your moving his son out of state would interfere with the visitation rights granted to him by the court.\nThe only way you could move would be to take the matter back into court. He would have to give his consent, and the terms of his visitation would be changed.\nIf he's against the move, you're not likely to win this one.\nIf he was okay with it, what is likely to happen would be that the child would live with him in the summer months, and he would be able to come to where you live and visit on several major holidays. Taking the boy back to his motel, or whatever, for the days allowed.
854623
The birth mother has a right to reasonable visitation. Sometimes the terms of the legal guardianship indicate that the parent may have reasonable visitation "as determined by the guardian."  If visitation cannot be agreed to informally, the birth mother or guardian can ask the court to make a visitation order. The court will be guided by what is in the best interest of the children.
504467
do you have an attorney? i do know that in the state of TX you can ask him be given supervised visitation where you can designate someone who has to be there every time he has the child and in some cases you can even say where he has to be during that time i went through something similar with my daughter in the end he gave up all rights to her so it is OK now but there are options you will just need a good attorney to make sure that you are utilizing the system to your advantage
715365
his idea is nothing short of abuse.  \n\nIf you are in the US, get to the courhouse and file for temporary support and visitation schedules.  \n\nWith a guy like this, you also ned to get an attorney asap.
860563
I know someone already said it, but as the second person to respond:\n\nGet an attorney.  In fact, your present attorney in the visitation case might be able to provide advice about joint custody.  \n\nMeanwhile, cool off and don't write any nasty letters.  Use a favorable result for visitation to generate references with people who can testify in court that you are a good guy and that however nasty and hateful you may have been in 2004, you are perfectly amiable and cool-headed now.  And it isn't sufficient just to convince people the nastiness is gone.  You have to sincerely put the nastiness to rest and leave it there.\n\nAnd when you finally do receive visitation and joint custody, DO NOT try to use your time to turn your son against your Ex.  That isn't what visitation and custody are for.  Do not make your son a pawn in a game against your Ex.  That is cruel to the child, regardless of what satisfaction it may give you or your Ex.
600769
Sounds like you are NOT a biological parent, but somehow raised the children as a custodial parent.  That is not good news for you.  Generally you have little chance to win any kind of visitation. \nI am sorry you will probably have to wait until the children reach the legal age.
467665
Visitation is usually worked out in a courtroom and the judge will dictate the final terms.  An older child would have a say in the decision-making process.  A younger child probably would not.
782522
hello,\nokay are you an idiot????i have 2 daughters and neither one of their fathers got any type of visitation till i got the court papers in my hand.....now you have to go through dfs and get your child back.....but there is hope if you did not do an DNA test then your good they have to grant you custody until the DNA is proved....because your a woman and the men have no clue on who was between your legs.....but you could also get him for parental kidnapping....and denying you the right to see your child....please lady use your brain if not for your self for your sons sake....i would have never let my children leave with out me......that is just crazy the way fathers think that they can handle   baby all by them selves yea right....but go to the county that you live in and tell them what has happened and they can help you get your son ....they have to prove the father before he can see the child and that saves you the heart ache....also once you have the child in your custody do not i repeat do not let him see or talk to you until the courts say so and get a good attorney due to the courts can say that you abandoned your child to the father...i live in Missouri and they are a mother state and the mother has to leave her child in order for the father to get custody of the child....good luck
657085
I agree with whomever said to petition the court.  You can contact your local department of social services to see where and how to get the paperwork. My sister's ex mother in law did much the same thing during my sister's divorce and custody hearing (her ex husband was into drugs and endangering all their welfare by bringing the dealers home). Her ex mother in law got one day a month (supervised by my sister b/c of problems there as well).  This is in NY. Your best bet would be to contact a lawyer and see what your states laws are.  I am a total advocate of children having relationships with ALL their family (with the exception of when they are in danger by this of course) So I wish you the best of luck.  I believe children are harmed when they are brought into the middle of adult squabbles. Again best of luck to you.
137146
It mostly depends on what the court said (or you set up) at the time of the divorce and the awarding of custody.  It is possible you have no rights at all, right now.  But you can always go to court to modify the existing arrangement, and you should do so to guarantee you have visitation rights if you have no formal, legal agreement.\n\nThe California Supreme Court issued a ruling just recently which made it easier for a court to allow a custoiial parent to move out of state with the child.
320015
I'm not a lawyer but I have 23yrs of law enforcement experience. You really didn't give enough info for me to say. It depends on many factors; such as what were terms of your divorce, why he hasn't been in kids' lives, financial support, his reason for sudden interest and any claims he's making to help him gain custody, any personal problems or negative actions by either of you,etc. Assuming you were awarded custody originally and there were not and are not now any extenuating circumstances that drastically change the original status of his behvior/situation or yours or the children and he basicly just decided he wants custody chances are slim the court would change the managing conservator status you hold unless he can show you to be an unfit mother. He might be able to negotiate visitation rights but doubtful the court would disrupt the children's lives without just cause.
341411
A lawyer cannot physically keep children anywhere.  If you had a custody agreement that required the father to stay in the state, then you should contact the local Sheriff's Office and they will act accordingly.  \n\nDid the father take the child out of state to live or visit?  If to live, again, contact your sheriff.  He will have much more power to have the father bring the children back.  All the attorney could do is go to court and have the court tell the sheriff to find him.  This way, you cut out a step and get your children back quicker.  Good luck.