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How Can I Get Visitaiton That Doesn't Rely On My Ex's Permission

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  • 12-08-2009, 05:36 PM
    Bertolo1988
    How Can I Get Visitaiton That Doesn't Rely On My Ex's Permission
    My question involves a child custody case from the State of: Oregon

    Okay so my son is about to be two years old. While my ex-girlfriend and I were still together she filed for full custody behind my back. I didn't find out til a year or so later after we had broken up because the DHS or whatever department that serves me with the child support papers couldn't find me or something, I think thats kind of funny because I was working a good amount of months and had contact and registered my address every time I moved.

    Anyways, I came back up from a 6 month leave and I am trying to see my child more often. As of now she is only letting me see my son one weekend a month and none of his birthdays, I didn't see him last year on his birthday and was just denied even seeing him for a half hour on his Birthday this year. Seeing as this is my only son and I'm around for this birthday of his... I would like to see him on his birthday.

    Basically what I'm asking is, what can I do to get visitation without having to get her permission?

    I can't afford to go to court of this, I am only 21 years old and I haven't started working at my job yet. I'm tired of being denied visitation and her using him as leveridge against me. All I want to do is be in my sons life and she will not allow it for no reason. I have NO criminal background what so ever. My parental rights were never taken away nothing.

    How can she get away with keeping my son away from me and still getting 50% of every check I make? I haven't worked since February but the last two checks I had 50% of the income was taken out for child support. I was under the impression that it didn't matter if I paid child support I was still legally allowed to see my son.

    Someone please help me...
  • 12-09-2009, 11:58 AM
    Bertolo1988
    Re: Some Advice with This Please Anyone
    hmph, guess I'm alone in this situation. If I ever find a way through this I will be sure to post it here and brag about it.
  • 12-09-2009, 12:06 PM
    EA1970
    Re: Some Advice with This Please Anyone
    You need the court to issue a visitation schedule.

    Call around and see if you can find a family law lawyer who doesn't charge for a consultation. Run it by them and ask them what you need to file with the court to schedule a hearing re: visitation.
  • 12-09-2009, 04:30 PM
    Xena
    Re: How Can I Get Visitaiton That Doesn't Rely On My Ex's Permission
    Quote:

    Quoting Bertolo1988
    View Post
    My question involves a child custody case from the State of: Oregon

    Okay so my son is about to be two years old. While my ex-girlfriend and I were still together she filed for full custody behind my back. I didn't find out til a year or so later after we had broken up because the DHS or whatever department that serves me with the child support papers couldn't find me or something, I think thats kind of funny because I was working a good amount of months and had contact and registered my address every time I moved.

    Anyways, I came back up from a 6 month leave and I am trying to see my child more often. As of now she is only letting me see my son one weekend a month and none of his birthdays, I didn't see him last year on his birthday and was just denied even seeing him for a half hour on his Birthday this year. Seeing as this is my only son and I'm around for this birthday of his... I would like to see him on his birthday.

    Basically what I'm asking is, what can I do to get visitation without having to get her permission?

    I can't afford to go to court of this, I am only 21 years old and I haven't started working at my job yet. I'm tired of being denied visitation and her using him as leveridge against me. All I want to do is be in my sons life and she will not allow it for no reason. I have NO criminal background what so ever. My parental rights were never taken away nothing.

    How can she get away with keeping my son away from me and still getting 50% of every check I make? I haven't worked since February but the last two checks I had 50% of the income was taken out for child support. I was under the impression that it didn't matter if I paid child support I was still legally allowed to see my son.

    Someone please help me...

    First, please have some patience. Everyone posting answering questions are all volunteers and we can't always answer some as fast as a poster would like.

    Unless you have a court order for visitation, the mother can set whatever rules she wants.
    What you need to do is to file in court for a specific visitation order. You do not have to hire an attorney for this. You can file pro-se, but you'll need to read up on your state's laws.
  • 12-10-2009, 01:14 AM
    Bertolo1988
    Re: How Can I Get Visitaiton That Doesn't Rely On My Ex's Permission
    Quote:

    Quoting Xena
    View Post
    First, please have some patience. Everyone posting answering questions are all volunteers and we can't always answer some as fast as a poster would like.

    Unless you have a court order for visitation, the mother can set whatever rules she wants.
    What you need to do is to file in court for a specific visitation order. You do not have to hire an attorney for this. You can file pro-se, but you'll need to read up on your state's laws.

    I understand. I was thinking about going to the court house and see if there is anything they can give me advice with. My friend was in a similar situation and he said he filed some sort of papers and now he gets partial custody. She gets him mon-fri and he gets his child every weekend. I hope I can get this same outcome.

    I hate that I made the mistake and got her pregnant before we married and before I had a way to provide for the baby. But nevertheless I still want to help as much as I can and to be a big part of his life. Its my child I believe I have EVERY right to be. For the past two years she has not given me the right to be, its depressing.
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