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back owed child support and mother wont let me see daughter

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hooyah765

Junior Member
What is the name of your state (only U.S. law)? Indiana



I have a bit of a sticky situation on my hands. Back in Sept. of 2009 me and my ex girlfriend had to get a child support order in order for me to join the USN. I left for bootcamp and everything was going well until I got injured in bootcamp. I since have been home and unable to find a job. I am not a bad father I love my daughter very much but I just havent been able to pay the child support. I currently owe about 5,000.00$ in child support and just made a 200.00$ payment. My ex is saying im not allowed to see my daughter until I pay the full 5 thousand. Is she able to do that? She claims she is the legal guardian because my daughter lives with her also. Although in court they asked if we agreed on open visitation and we said yes. All i want is too see my daughter and I am not able too. I also have saved text messages with threats from my ex towards me and my current gf ( i dont know if this will help). Also she does not work and refuses to work and I am a full time college student and just re enlisted for the military will that help me? I really need help I just want to see my daughter.
 


ecmst12

Senior Member
Since you don't have an enforceable visitation schedule, it's entirely at mom's discretion. You need to go back to court to have a schedule put into place. And no, she would not be able to deny you court-ordered visitation just because you are behind on CS.
 

hooyah765

Junior Member
thank you for the response, so just to clarify She can legally keep me and my family from seeing my daughter with our open visitation? and I need to schedule visitation in order for me to gain the right to see my daughter?
 

WittyUserName

Senior Member
thank you for the response, so just to clarify She can legally keep me and my family from seeing my daughter with our open visitation? and I need to schedule visitation in order for me to gain the right to see my daughter?
This happens to a lot of people; I know of several who agreed in court to things like "visitation as agreed upon by both parents". The trouble comes later, because if the parents stop agreeing then the visitation effectively disappears. What's the wording on your court order as pertains to visitation?

You need a firm schedule, with days/times outlined, in order for it to be easy to enforce.
 

mistoffolees

Senior Member
thank you for the response, so just to clarify She can legally keep me and my family from seeing my daughter with our open visitation? and I need to schedule visitation in order for me to gain the right to see my daughter?
Is there a court order covering custody and visitation?

If there is, then the court order rules - and you have the right to whatever visitation the court order allows. Whether you have paid CS or not can not interfere with your visitation.

If there is no court order for custody and visitation, than Mom doesn't have to let you see the child (she doesn't have to let the family see the child at all even if there IS a court order - other than the extremely unusual situation where your family is specifically mentioned in a court order). If that's the case, then you'll need to go back to court to get an order establishing paternity (if that hasn't already been done). Then you will probably ask for joint legal custody with Mom having primary physical custody and you getting standard visitation (probably something like every other weekend, possibly an evening each week, alternating holidays, and an extended period in the summer - possibly a few weeks).
 

JustUsTwoGirls

Junior Member
Major No No!

Go to court and get visitation rights. Point of interest to remember once you get the visitation ironed out. It is a MAJOR no-no in family court to deny visitation to the non-custodial parent if back child support is owed. That will get you into almost bigger trouble than not paying child support.
 

LdiJ

Senior Member
Go to court and get visitation rights. Point of interest to remember once you get the visitation ironed out. It is a MAJOR no-no in family court to deny visitation to the non-custodial parent if back child support is owed. That will get you into almost bigger trouble than not paying child support.
Well...I think that is a bit of an exaggeration. I would say that both were equally bad...with equally bad consequences.
 

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