Divorce And Family Law Attorney

My ex won’t let me see my child. What do I do?

Being a parent is an enormous responsibility under any circumstance. Things can get complicated when you share a child with someone you are no longer in a relationship with due to a divorce. During the divorce, one of the most contentious decisions you will have to work out is their living arrangements going forward. 

Most often, the court will promote an arrangement where both parents agree on a custody and visitation plan for their child. And when the court ratifies a custody order, each party is obliged to respect its terms. But what happens if your ex violates your visitation rights?

When your ex won’t let you see your child

Every child has the right to experience the love and care of both parents. And the court takes this right very seriously. Thus, regardless of their motivation, violating a court-sanctioned visitation right is an offense that can result in serious consequences.

So what are your options when your ex is blocking visitation?

Chances are you have raised your concerns with your ex regarding their interference with visitation. If this hasn’t yielded any fruit, you need to explore other options to restore your visitation rights. Here are some of the steps you can take to get your visitation rights back:

Mediation – together with your legal counsel or mediator, sit down and discuss the reasons why your ex is withholding visitation. Perhaps they are concerned about your new relationship or have not been returning the child in time. No matter the reason, you may talk about each party’s concerns and work things out. 

Modification – Subject to the outcome of the mediation, you may find it fit to modify the existing custody order so it can work for everyone. For instance, if you were unable to see your child because the initial visitation time is conflicting with the custodial parent’s new work schedule, then both parties might be open for a modification. 

After the divorce, both parents have the right to see their child based on the set custody and visitation schedule. Find out how you can safeguard your rights if your ex is withholding visitation.