SPARC Forums

I live in PA, my ex-wife lives in KY.
I have not been able to see my son for 3 years, he is now 12.
1. She keeps moving and not leaving her phone number (even changing her name)
2. When I do find her she refuses to let me see my son or arrange to see him.
3. When I have seen my son, it is never without her.
We have no formal visitation or custody agreement.

Two and a half years ago I appreared in court for child support arrears and have been paying extra to get caught up since. However there is still a second warrant because I did not appear in their courts for a second time due to living one year in California. I will have to answer to their courts for this, I don't have a problem dealing with this issue.

All I want is to be able to see my son, have a relationship with him.

Questions
1. Do I file for visitation rights?
2. Do I file in KY?
3. Will my child support issues be a mark against me in visitation court?

Thanks.

>Questions
>1. Do I file for visitation rights?

You file for exercise of joint custody. Visitation is the worst case, and you don't accept it without a fight, if your goal is a real relationship with your child.

>2. Do I file in KY?

If the mother and child have resided in KY for more than 6 months, then yes, otherwise, you must file in the last place where they have lived previously for more than six months.

>3. Will my child support issues be a mark against me in
>visitation court?

No, but the failure to appear on the warrant may be, because that is a likely criminal contempt, and you could find yourself getting about 30 days in the county jail.