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How do I go about pursuing visitation of my child?
Anonymous6 views3 answers
I have not been able to see him since he was only a few weeks old, which was about three years ago. I was staying with his mother in Missouri when she forced me out and I had to return to my family home in Indiana due to being without any means to continue staying in the state. She proceeded to change numbers, move, have all her family and friends block myself, my family and friends, and do everything in her power to keep me away. She was unstable and I believe that had a part to play in all this. I did not know what to do, was confused and had no money to hire someone to help me. I have tried to call for a welfare check and was refused information previously. What can/should I do?
It depends on your legal status with her. If you were or are married to her then you are presumed the father and will need to file a motion for custody - visitation. If you were not married and did not legally claim paternity you will need to file a petition for paternity and custody - visitation. Custody does not have to mean full custody but can include reasonable visitation.
To do either of the above you will need an attorney in the jurisdiction she resides in. This is not a good place to try self help. You can use the Find a Lawyer feature to locate one or contact one of the attorneys on directly. When you do make sure you explain your issue since the email from doesn't come with the question included.
I always recommend getting a family law attorney involved in such cases, because of the high stakes and the fact that custody and divorce issues get VERY nasty. You will want to establish a court-ordered right to some form of custody and visitation (which, if you were not married, will include establishing paternity). I will warn you that will requiring serving your ex, which in your circumstances might be tricky (and all the more reason to have an attorney involved).
To add to what has previously been stated, custody cases are very fact specific, and there are always two sides to every story. Just as you are going to be claiming that they have kept you out of the child's life, they are going to say that you have abandoned the child. You will want a family law attorney to help tell your story. I know funds can be tight, but there are resources out there to assist you. I would first start with the Find a Lawyer feature, but also consider looking into local bar associations for other referrals sources.
