What is the best way to see my son if there is no order of visitation?

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What is the best way to see my son if there is no order of visitation?

His mother moved from OR to CO before he was born. There is no order for visitation but paternity has been confirmed and I pay support. I have to pay all traveling to see him and she won’t let me bring him back with me. What do I do?

Asked on August 21, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a child support order in effect where you are obligated to be paying the support for your on on a monthly basis, but no custody or visitation order for you, I suggest the following:

1. work out an agreement with your son's mother for custody and visitation rights for you if possible. If you two reach an agreement have the agreement signed by both of you and have it filed in the court action where you are ordered to be paying child support with a court order approving the agreement. If you cannot reach an agreement, you need to do the following;

2. file a petition in the superior court where you are under a court order to pay child support for your son requesting a custody order as well as visitation rights.

The court will hear this petition and make a ruling upon it.

Good luck.


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