My Ex Will Not Let Me See My Child. What Are My Rights?

 Posted on July 02, 2021 in Divorce Issues

divorce lawyer for fathers rightsMultiple studies have confirmed the profound benefits associated with fathers being involved in their children’s lives. Children who spend time with their fathers are more likely to perform well in school, attend college, and find stable employment. They are less likely to experience teen pregnancy or incarceration. There are also countless benefits gained by fathers who enjoy a close relationship with their children. If you are a father and your child’s other parent is not letting you see your kids, it is important to understand your rights and legal options. You may need to take steps to establish or enforce a child custody order to assert your rights.

Child Custody Orders Through the Court

When an unmarried couple has children or parents get divorced, many fathers assume that they can skip establishing a formal child custody agreement. They assume that the child’s mother will abide by whatever custody agreement the parents determine at the time of the breakup. Unfortunately, relying on casual child custody or visitation arrangements can backfire dramatically. Courts cannot enforce a child custody agreement unless it was established through the court. Consequently, fathers should always make sure that they have a court-ordered child custody or parenting time agreement in place.

Establishing Paternity of Your Child

Before you can get a child custody order, you must first establish legal parentage or paternity of your child. When a baby is born to married parents or parents who were married at the time of the child’s conception, paternity is typically assumed by law. However, an unmarried father may need to take additional action to establish himself as the child’s legal parent. The steps needed to establish paternity vary from state to state, but generally, establishing paternity is much easier if the parents agree on the father’s biological relationship with the child. If your child’s mother denies that you are the child’s father, you may need to undergo DNA paternity testing to prove your parentage.

Enforcing an Existing Child Custody Order

If you already have a child custody order in place but the other parent is not complying with the order, you may need to take steps to enforce the order. A family law attorney can be a tremendously valuable asset in a situation like this. Your lawyer can help you understand your rights and how to assert these rights. Child custody orders are not optional. Parents are required by law to comply with these orders unless they can prove that doing so would not be in the child’s best interests.

Contact a Child Custody Lawyer

Being denied visitation with your children can be gut-wrenching. If your ex is not letting you see your kids, you may need to take legal action to correct the situation. A skilled family law attorney can evaluate your situation and advise you on the best approach. You do not have to face this alone.


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