She Left Without Me Having Visitation

[dadofone]

My question involves a child custody case from the State of: Ohio

I have a son, who is now three. I have never been married to his mother. WHen he was first born, I was able to see him-I'd spend the night at her apartment, though she and I were not then, and agreed we'd never again be together. Shortly after he turned one I HAD to move to another state for work. I was there for a year and a half, (and in that time got a new girlfriend, which caused immediate tension-the mother didn't like it.) I called her to see how he was weekly, and tried to get him everytime I was home. I moved back to where they were last fall. She would then only allow me to see him for 4 hours at a time, and claimed he was VERY upset when he had to see me. I never saw unhappiness.

We hadn't needed visitation before, because she was allowing me to see him and it was just court money we would've had to spend. In January she told me she had gotten married. I had him two weeks later, and called her the next day after I'd had him to set up the next visit and she told me that wouldn't be possible because they were moving. I asked where, and she said to Texas. I asked when, and she said they were on their way! She never mentioned it to me at all before they left, and I have no visitation because we kind of had "good faith" visitation.

What can I do?? She hasn't spoken to me since. Can the hearing be held in my state, since SHE is the one who left, and all of her family is here. She has a place to stay etc if she comes here, vs me going there. What are the chances I will get to see him, if she is in Texas and I'm in Oh? I didn't pursue legal visitation previously, because I didn't need it.

[LawResearcherMissy]

Can the hearing be held in my state, since SHE is the one who left, and all of her family is here.

Who left whom for where is irrelevant.

You need to file to legally establish paternity in the state in which the child resides. THEN you can file for visitation.

[dadofone]

I pay a big chunk in child support-trust me, paternity has been established

[dadofone]

And it is paid through the State of Ohio, and she has made no effort to move it. She is in Texas "temporarily" until her new husband is finished with his committment to the Army.

[LawResearcherMissy]

Define "temporarily". I have friends in the Army, they usually stay put for 3 to 5 years at a time. She might actually be required to transfer it.

Give your local CSEA a call and ask if it is required that she transfer it. If it is not required, contact your county Clerk of Courts to get the relevant forms to file for visitation.