FAQ: What Can I Do if My Ex Won’t Let Me See My Child?
Unfortunately, many fathers and mothers have had visitation with their child denied by a parent or guardian. Sometimes, the parent or guardian is within his or her right to deny the visitation. However, often times, the parent or guardian is acting inappropriately by denying visitation. An experienced family law attorney can help you determine whether you have a right to see your child, and help suggest and implement strategies to get you united with your child as soon as possible. The legal remedies available will depend on the type of case, circumstance, and prior court orders, which should all be reviewed by an experienced family lawyer before taking any course of action.
If the Court has already ordered a Parenting Plan in your divorce or paternity action, the visitation (timesharing) schedule in the Parenting Plan is usually binding on the parties, unless they agree otherwise. In this circumstance, if a parent denied visitation to another parent during his or her allotted time, it would be a violation of the Court Order, and there are remedies available to enforce and even modify the visitation schedule, depending on the circumstances. You may even be entitled to make up timesharing, again, depending upon your facts.
If you are an unwed father of a child, you must first file for paternity and establish paternity or another legal right to the child before you may be entitled to visitation (timesharing). Single fathers who have not established paternity often have a difficult time enforcing visitation. For this reason, single fathers should always be proactive in establishing paternity and getting a visitation or timesharing schedule while the child is young.
This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or other major decisions. If you have specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.