can a parent deny visitation

[ILOVEMYGSM3]

What is the name of your state? div/cs-ca , cs-nowhere
i am about to finalize my divorce in ca. the family facilitator said that ca cannot do cc on a chld out of state, but they can do cs, b/c i work and reside here...wanted to clarify that...i've asked my wife several times to see my son, and she denies me, even though there is no cc set up anywhere. she refuses to file, thinking she will continue to get 800 from me a month, even though my divorce papers say 475...if i am paying cs, and she refuses to file cc, and i cannot...how do i go about seeing my son? she wont let me see him until she does cc, but she says she doesnt have the $, even though i send more than enough to help...she keeps taking him out of daycare, which is only $450 at most, b/c even though i send her $800, she never seems to keep him in daycare longer than a month...attorneys wont help, b/c of our locations, and the divorce and such...

 

[stealth2]

You file regarding custody and visitation issues in the child's home state.

 

[casa]

What is the name of your state? div/cs-ca , cs-nowhere
i am about to finalize my divorce in ca. the family facilitator said that ca cannot do cc on a chld out of state, but they can do cs, b/c i work and reside here...wanted to clarify that...i've asked my wife several times to see my son, and she denies me, even though there is no cc set up anywhere. she refuses to file, thinking she will continue to get 800 from me a month, even though my divorce papers say 475...if i am paying cs, and she refuses to file cc, and i cannot...how do i go about seeing my son? she wont let me see him until she does cc, but she says she doesnt have the $, even though i send more than enough to help...she keeps taking him out of daycare, which is only $450 at most, b/c even though i send her $800, she never seems to keep him in daycare longer than a month...attorneys wont help, b/c of our locations, and the divorce and such...

I'm confused, please clarify a few facts. You were divorced in CA, correct? Your wife has moved out of state before the divorce (or custody) is even finalized?? How long ago did she move? Where did she move?

I am having a hard time understanding how you could have filed divorce & yet child custody was not addressed? And if the divorce was filed in CA & you still live in CA- why is it that CA does not have Jurisdiction??

Please get out your court order/divorce paperwork and MAKE SURE there is nothing in it which relates to custody/visitation. The Law Facilitator should have addressed these issues.... with a Parenting Plan (Parenting %) and a recommendation for custody/visitation to the court.

 

[ILOVEMYGSM3]

i'm military

ex wife has never lived here...so even though custody was addressed, CA could not handle it cos my child never lived here. they can set up CS b/c they do have jursidiction over MY income, however, she lives in fla, and so does my son...the entire time after my son was born and before we got married(he was born first), i have always given her money, even for things that were absolutely stupid(weight loss, hair stuff etc non relevant to my son)

now i'm setting up support on the 16th, when CA does the absolute final papers...and even though i've set up support and she knows, she still refuses to let me see him(unless i fly there stay in a hotel-unaffordable-and make sure she can see him every day, and he cannot stay overnight with me)...i'm about to get out of the military, and at this moment, $ is a big prob(aside from support of course)...

so i'm curious, if she can deny me that(as last time i saw him 1 time in the 4 days she came to CA to see family earlier this year)...and i meet no residency requirements anywhere to file custody, and she just won't do it...

theres just so much, and i don't want to go on on on...i know this site gets upset when you give to much info, and also when you give to little. lol

thanks in advance...

 

[casa]

ex wife has never lived here...so even though custody was addressed, CA could not handle it cos my child never lived here. they can set up CS b/c they do have jursidiction over MY income, however, she lives in fla, and so does my son...the entire time after my son was born and before we got married(he was born first), i have always given her money, even for things that were absolutely stupid(weight loss, hair stuff etc non relevant to my son)

now i'm setting up support on the 16th, when CA does the absolute final papers...and even though i've set up support and she knows, she still refuses to let me see him(unless i fly there stay in a hotel-unaffordable-and make sure she can see him every day, and he cannot stay overnight with me)...i'm about to get out of the military, and at this moment, $ is a big prob(aside from support of course)...

so i'm curious, if she can deny me that(as last time i saw him 1 time in the 4 days she came to CA to see family earlier this year)...and i meet no residency requirements anywhere to file custody, and she just won't do it...

theres just so much, and i don't want to go on on on...i know this site gets upset when you give to much info, and also when you give to little. lol

thanks in advance...

OK that explains a lot.

Unfortunately, you are going to have to file for Custody/Visitation in FL. I'm not sure if FL will/would allow you to do any telephonic appearances or not...you may have to wait until you get out & then fly to FL to file. (Do you have any friends/relatives in FL who you can stay with?)

Once you have a Court Order in place~ she won't be able to deny you overnights or manipulate visitation.

Another thing to consider is Child Support calculations...The child is living in FL and those guidelines are not the same as CA. Check into that.

Do you know what state you will reside in once you get out? Did you go to Base Legal on Pendleton to see what they advised? I'm curious how CA is handling your CS when (as a military member) you aren't necessarily a resident of CA. What is your home state?