Unmarried Father's Visitation Rights

I have two children (3 & 1 years old) with a woman who lives in Ohio and I live in Michigan. I am paying child support on time and on schedule, however, we were never married and never divorced, therefore there was never a visitation arrangement determined by the courts. Now she won't let me see my children because she does not like the woman I'm with. Can anyone tell me what my rights are? How do I go about getting a formal and legal visitation agreement? I don't have much money, so I can't consult an attorney. Will the Child Support Enforcement Agency draft a visitation agreement? Desperately seeking help.

My husband and I are going through this right now with his daughter. In the state of Kentucky we had to pay a lawyer to file visitation papers with the court. So if I were you I would go talk to a lawyer o see how to go about getting visitation rights established.

[Xena]

Originally Posted by Unregistered

I have two children (3 & 1 years old) with a woman who lives in Ohio and I live in Michigan. I am paying child support on time and on schedule, however, we were never married and never divorced, therefore there was never a visitation arrangement determined by the courts. Now she won't let me see my children because she does not like the woman I'm with. Can anyone tell me what my rights are? How do I go about getting a formal and legal visitation agreement? I don't have much money, so I can't consult an attorney. Will the Child Support Enforcement Agency draft a visitation agreement? Desperately seeking help.

You need to file for a visitation order. You'll need to file in Ohio because the state the children live in will have jurisdiction for a visitation order.
You do not have to have an attorney, but it is a good idea anyway because you are not in the same state.
The CSE cannot assist with visitation orders, so you'll have to file pro-se, or hire an attorney.

Well when you say I will have to file for visitation... What do I need to bring? Like I said I don't have a whole lot of money and I can't make the back and forth to Ohio on a weekday because I have a job now and want to be sure I bring everything I need.

Originally Posted by Unregistered

Well when you say I will have to file for visitation... What do I need to bring? Like I said I don't have a whole lot of money and I can't make the back and forth to Ohio on a weekday because I have a job now and want to be sure I bring everything I need.

I would recomend contacting the clerk of courts in the county were your children reside. They should be able to tell you what documents you need to obtain (the packet to file in court) and approx how much the packet and filing fees will cost you. I wouldnt think that over all those fees w/b more than $300. Paternity is already established if your paying child support and continue to do so. Just start out by asking for the typical visitation rights, which w/b 2 weekends a month, every other spring break and 2 weeks every summer, and you will have to agree to provide the transportation for these visits.

Originally Posted by Unregistered

I would recomend contacting the clerk of courts in the county were your children reside. They should be able to tell you what documents you need to obtain (the packet to file in court) and approx how much the packet and filing fees will cost you. I wouldnt think that over all those fees w/b more than $300. Paternity is already established if your paying child support and continue to do so. Just start out by asking for the typical visitation rights, which w/b 2 weekends a month, every other spring break and 2 weeks every summer, and you will have to agree to provide the transportation for these visits.

Since its not to establish child support, just your own personal identification should be all you will need to have. But after you file the packet and get your court date, the courts will tell you what documents you will need to bring to your court date. Plan on 1 weekday visit to pick up the documents, the courts may ask you to obtain them from thier local library, then youll have your court date which will be on a weekday. beyond those 2 dates you wont know probably until after the first court date and if she shows up.

Hey thanks for all the advice... I have one more question... She just got fired from her part time job and she is getting a job that gives here more money and 40-45 hrs a week.... she will make more money than I do at that point. Is there something I can do to reduce my child support because she is making the majority of money now??

Her making more money will probably not affect your child support. The difference in support would have to be greater than 10% for CSEA to take any action. And because the child support formulas are wacky, it is possible than an increase in her income could actually INCREASE the amount of support you owe. So be careful.

It is not true that support can't be modified when the mother & father are both working. If you have a support "agreement" then you may have a problem but if you have a court order you can take her back to court for support alterations and visitation all at the same time. Her salary would be included to calculate support as well as your salary (and it matters if you are providing health care for your kids, as far as ordered support goes).

I would like to add that the support may decrease when you establish visitation I have a friend whose ex lives out of state and because he has to fly up and pay for a hotel and car, they negotiated a lower payment than what he should have paid according to the guidlines.