Legal Question in Family Law in Indiana

Re: Visitation Rights

I can only address this issue as it relates to this jurisdiction, that is the State of Indiana.

Unless the court has previously ordered otherwise, you are entitled to visiation with your childern.

If after asking the custodial parent more then once for visitation you have been denied, then you may ask the court to enforce this. The proper petition must be filed in the court that granted the divorce.There is no fill in the blank form for this. The services of an attorney would be of considerable help. You should consider engaging the services one before using the "do it yourself" option. However, you may write to the court asking for this relief making reference to the cause number assigned to the divorce case and copying the custodial parent with the wrtten request sent. The court could set a hearing on this if it so wished. This would be up to the court if they would accept this pro se approach. I certainly cannot speak for the court, but it may be a possibility.

Re: Visitation Rights

You didn't say whether you and the children's mother were married or not.

If you were NOT married, then you must first establish paternity. You would do this in the jurisdiction (county) where she lives. You would file a petition to establish paternity. Then once paternity is established (either by agreement or by DNA test), then you would have your vistation rights and child support responsibilities imposed.

If you were married and the divorce decree stated that you were to have visitation but she is denying it, then the mechanism to use is a contempt. You would file a motion w/the court, saying that she is denying visitation, against court order.

If she is found in contempt, usually the court will order her to reimburse you for your attorney fees.

I hope this information is helpful to you!