I have a child by a woman that is almost 3 years old. I haven't been able to see him much since she tries everything she can do keep him from me. I only get to see him when my mother has him on weekends. I don't have a custody order in place and I have child support I pay on this child. I just found out she will be moving soon with my son to Delaware from Arkansas. What can I do so that I don't lose my son? She didn't even tell me she was leaving and I had to find out through my mother. Also she doesn't work and her husband doesn't either. I have a stable home with my other two children and my fiancée. I don't want to lose my son forever.
You should see an attorney immediately. If you are paying child support through the AR Child Support Clearinghouse, paternity is already established. If not, the first thing would be to file a paternity action which would name you the father, the claim can also set out visitation, child support and put the child under the jurisdiction of Arkansas Courts. Then, she would have to petition the court to remove the child from the state. If you can prove that your home is a better place for the child, you could be given custody.
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Why does your mother get visitation, but you do not? That fact may dictate what, if anything, you can do here.
You need to move very quickly. If you pay child support but do not have a custody/visitation order, then I suspect that the child was born out of wedlock. That means the mother has custody of the child unless and until the Court orders otherwise.
In Arkansas, if a parent has primary custody and wishes to relocate to another state there is a presumption that they will be allowed to move and it is the non-custodial parent's burden to prove that the move would be contrary to the child's best interests. It is already going to be difficult for you if the child is 3 years old and you haven't established a strong relationship with him by not seeing him often.
You will want to at least have the Court establish a visitation schedule and set out how transportation for visitation is going to be handled if she and your son move to Delaware. After she and your son have been in Delaware for six months or more, any court action involving custody or visitation would have to be in Delaware instead of Arkansas, and so you will want to file in Arkansas before that six months is up.
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