my wife will not let me see my kids i want to get a uncontested divorce. i pay child support do i have visiation rights as soon as i start to paying child support and can she take the visiation from me?
Family Law Attorney
Your rights of visitation and your children's right to see you are not dependent upon child support - although if you do not pay child support and are in jail because of it, your visitation will be seriously curtailed. A biological parent is entitled to visitation in almost all but the most serious situations where visitation could be dangerous to the children's physical and mental health. Even if the bio-parent has made mistakes, has a criminal record and substance abuse problems, supervised visitation can be arranged.
Most people do not have these problems and the visitation can be court ordered at a temporary hearing. You should obtain legal counsel (although people can represent themselves in court) and file an action to obtain visitation.
Whether a divorce is uncontested depends on both parties, who have to agree to the terms of the separation/divorce. It is apparent from your question that you and your wife may not be able to agree on a whole lot since she will not let you see the children.