How can the father begin to establish rights?

The mother has full custody. The father pays $500 in child support every month. He is still behind on support due to incarceration. When they establish support, she had already claimed all rights to the 2 children. I just want to know where we can begin?

Asked on September 5, 2012 under Family Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, the once incarcerated father who is paying $500 per month in child support has seemingly been deemed the father of the children that he pays child support for. If he wants some visitation with the children he helps support, he needs to consult with the mother to establish a written visitation schedule for such. If the mother refuses vistitation for the father, the father will need to file a petition with the county clerk with respect to the file where he is paying child support seeking visitation rights.

Given the complexity of such a petition and the "emotion" that generally comes with it, the father should retain a family law attorney to assist him on his endeavor. 

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