If my son’s mothers lives in a different county but in the same state and she is neither letting me talk to my son or let me see him, what can I do so I can legally see him?

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If my son’s mothers lives in a different county but in the same state and she is neither letting me talk to my son or let me see him, what can I do so I can legally see him?

Asked on November 1, 2012 under Family Law, Oregon

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there are no court orders in place, then you can file a custody suit to have you officially declared the father of the child.  In the same order, the court will then set out time periods for routine visitations or access to the child. You would need to file this suit in the county of the child's residency. 

If you already have court orders in place, and she is refusing to comply with those orders, then you need to file a motion for enforcement with the court that entered the orders and ask for compliance and or contempt sanctions against the mother.


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