Want visitation with son/grandson - never married to mother

[kfowler57]

What is the name of your state (only U.S. law)? Missouri
Writing for my son who is the father, and myself, the paternal grandmother. He and his former girlfriend have a son now 10. She never put his name on the birth certificate but when the boy was about 5, she took him to court for child support. He agreed he was the father, child support was ordered and he has paid ever since. We all got along and we got visitation every other weekend at my house. Everyone felt this was the best since my son lived in an apartment with two other guys. She now has new beau and new baby on the way and has decided my son no longer will be allowed visitation and I can only see my grandson if my son is not present.
My son has had a few problems in the past, nothing major, paraphernalia charges, but was doing well, holding a job for 3 years before being laid off this month, which caused him to lose his medical insurance for himself and his son. It was when he broke this news to the mother, that she informed him his days of visitation were over.
We plan to file for a visitation hearing. She has now moved to a new county. Do we file in the county where the child support was ordered or the county she now lives in? We don't know her address and she won't give it. Is there a way we can force her to give us her new address?
Sorry for the long post and thanks in advance.

 

[Isis1]

first off, you shouldn't be filing anything.

you son needs to head to court and file for visitation. apparently, this was not done for a long time.

the county would be where mom and child resides. dad will need to get mom's address to serve her.

you are not entitled to any visitation as a grandparent without suing mom AND dad for visitation. otherwise, you will have to visit grandson on dad's time.

 

[ecmst12]

Child support is a totally separate issue from visitation and one does not affect the other. If he is unable to pay for a while, he still has the right to file for visitation, and she can't stop him from exercising court-ordered visitation just because he is behind on support (or for any other reason).

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? Missouri
Writing for my son who is the father, and myself, the paternal grandmother. He and his former girlfriend have a son now 10. She never put his name on the birth certificate but when the boy was about 5, she took him to court for child support. He agreed he was the father, child support was ordered and he has paid ever since. We all got along and we got visitation every other weekend at my house. Everyone felt this was the best since my son lived in an apartment with two other guys. She now has new beau and new baby on the way and has decided my son no longer will be allowed visitation and I can only see my grandson if my son is not present.
My son has had a few problems in the past, nothing major, paraphernalia charges, but was doing well, holding a job for 3 years before being laid off this month, which caused him to lose his medical insurance for himself and his son. It was when he broke this news to the mother, that she informed him his days of visitation were over.
We plan to file for a visitation hearing. She has now moved to a new county. Do we file in the county where the child support was ordered or the county she now lives in? We don't know her address and she won't give it. Is there a way we can force her to give us her new address?
Sorry for the long post and thanks in advance.

I'm gonna tell you what we tell every step parent who uses "we". You are NOT a party to this. Your SON can file and will get visitation. YOU will not. You are the grandparent and have NO legal rights to this child.

Your son now has every right and should file to see his child. He should also try and see if he can modify the child support based on his unemployment. He needs to realize that every month he doesn't pay he is getting further behind and going into arrears. That however will play no part in him being able to gain the rights to see his son.