Being denied access to your child(ren) can be some of the most devastating moments of your life. And worse is when the person denying you access is the person whom you trusted, whether it be your ex-wife or your ex-partner. A child(ren) deserves to have time with both of their parents, but what do you do when you are unreasonably denied access to your child(ren)?
Both parents need to remember that access to each parent is a right of the child(ren) and not a right of the parent. A parent with custody cannot refuse access to the other parent, unless there is a Court order stating that. The Court’s look at what is in the best interest of the child(ren) when determining a final timesharing schedule, and It is never in the child(ren)’s best interest to be denied access to a parent, because the parent is mad at their ex, or because they do not like their new girlfriend/boyfriend, or because the parent is behind on child support, or just because you want to. A child(ren) was brought into this world by two people and it should be raised by the same two people. ( Provided that both parents are stable).
If you are married:
If you are married and your spouse is denying you access to your child(ren), you need to remind them that you have equal rights over your child(ren) and they cannot dictate what time you get to spend with the child(ren); just like you cannot dictate what time they can spend with the child(ren).
- If your marriage has reached the point of no return, then your next step is to file for divorce. In doing so, you can get a parenting plan, that would detail which days the child(ren) spend with you and which days the child(ren) spend with your ex-spouse.
- You need to send written request to your ex-spouse requesting time with the child(ren) and keep track of all the times that you are denied access to them. All text messages and emails are admissible in court, as evidence.
- If your divorce becomes contested, then a temporary order can be entered detailing which days and holidays the child(ren) will spend with you and the days and holidays the child(ren) will spend with your ex-spouse, until the Final Judgment is entered.
If you were never married to your ex-partner:
- It is very important that Father’s understand that if you were not married to the mother at the time that your child(ren) was born, you do not have rights over the child(ren). It does not matter that your name is on the birth certificates. In order to have rights over your child(ren) you need to file a Paternity action with the court.
- The Paternity action will establish you as the legal father of your child(ren)and will allow you to have rights over child(ren), including timesharing with them.
- Even though you have not been established the legal Father, I would still recommend that you keep track of what your timesharing was with your child(ren) prior to the change.
- Send written messages to your ex-partner requesting time with your child(ren) and keeping records of all the times you were denied. All text messages and emails are admissible in court as evidence.
The only time that a parent should be denied access to their child(ren) is when the child(ren) is being abused, and even then you need to report it to the proper agency and obtain a court order that would deny that parent timesharing.
For more information visit my website at http://www.cardamalaw.com/practice-areas/child-custody/ or call my office at 407-704-8932 for a free consultation.