Q) I am currently paying child support, but my son’s mother refuses to let me have any contact with him. They were living out of state, but have moved back to Anderson. I cannot afford an attorney; how do I request a court order for regular visitation?
A) If as a parent you are not allowed to visit your child because of refusal of the other parent, you may petition the court for child visitation or custody help. If you both agree on a parenting plan you can file it with a court, asking the judge to approve and incorporate it into a court order on visitation and/or custody. Having the agreement become part of a court order allows either parent a direct way to enforce his or her parental rights.
If the other parent is not allowing visitation, then visitation rights may be determined by a court order. Courts will generally consider the wishes of the child to determine visitation.
How to Apply for Visitation Rights
- Try to reach a mutually agreeable visitation arrangement.
- Outline the terms of your agreement in a petition for visitation rights.
- File the petition with the clerk of the court.
- Serve the petition on the other parent.
- Attend mediation.
- Attend hearing on the case.
- Fulfill any special requirements.