Legal Question in Family Law in Missouri
need visitation rights to out of state child
my husband has a son who lives in missouri with my husbands ex girlfriend and he wants to be able to bring him here to nh during the summer but she is not allowing this. there are no court orders for any custody of any sort. he just wants summer visitation. hhe also pays child support. how do we start the process of getting him visitation? do we have to file in mo or nh? where can we find forms to do this on our own with out an attorney? we just don't know where to start and i have called nh lawyers and they say that they can't even do the paper work cause it would have to be a mo lawyer. but how do we get a mo lawyer if we live in nh?
1 Answer from Attorneys
Re: need visitation rights to out of state child
From your post, I understand that your husband has not been judicially dtermined to be the father of this child, or if he is the subject of an administrative order for child support which has been registered in court, he is in fact the legal father but has no custody rights. If this is true then it would appear that he would need to file an action in the Missouri Circuit Court in the County where the mother and child reside. We have been filing these cases as Petitions for Determination of Parental Rights for some time. I have represented many individuals in courts here in Missouri even though they reside in other states. Most of the work can be done by telephone and mail, but a court appearance or even two may be necessary. If this case would involve legal action in the eastern part of Missouri I might be able to help you myself. If not, you should locate and hire an attorney in the appropriate area of the state. You could use the Lawguru website, or findlaw.com, or the Missouri Bar website (MOBAR.org) to help you locate an attorney. I would strongly advise you not to attempt to handle these legal proceedings without an attorney. If your husband's relationship with this child is important enough to save, then it is important enough to do this correctly even though it will cost some money. In any event I do wish you both the best of luck.