Can my ex refuse me visitationwith my son?

The short answer is: No he cannot keep your son from you. Child support arrears should not be used against the child's best interest, which is contact with both parents.

But, your child support payment arrears opens up the possibility of a violation petition if your ex can prove your non-payment is willful-a willful violation comes with an arrest warrant and, perhaps, incarceration.

Your answer depends on what you mean when you say "established" you visitation. If you were married and then divorced, was the visitation schedule specified in your divorce decree? Was visitation established by a family court order?

·If there is no court order concerning visitation:

Then you need to go to your child's "home state", to the family court in your ex's county, and file a visitation petition. This is a relatively straight-forward procedure. The clerical staff at the petition window will assist you. Once you submit your name and fill out preliminary information you will wait for court personnel to call your name and help with filling out your petition.

Next, your case will be heard in front of a family court judge. The judge will call your case and will tell you that you need to "personally serve" your ex with the petition you just filed; this means that you have someone over 18 (who is not a party in the case) to hand a copy of the petition and the next court date to your ex.

Assuming that you properly serve your ex, then on the next court date-the court will give you an adjourn date for service-you simply submit a notarized affidavit attesting to service.

·If an order exists in your child's home state:

1.Then, once again, you need to go to the child's "home state" and that order's enforcement and file a petition alleging a violation of the Court Order.

2.If an Order exists, but the Court never specified a visitation schedule in its custody determination then:

i. Either file a visitation petition (see #1 above) or

ii. Return to the child's "home state" and seek a modification the Custody Order to include a set schedule.

If there is an emergency involving your child, then the UCCJEA might apply-but this is rare, and unlikely.

Here is the link: http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_Act#Modification_of_custody_determination