Can a mother keep a child away from her father?

Asked by: Brent Ziemann  |  Last update: September 3, 2025
Score: 4.7/5 (35 votes)

Under New York law, if the father has established his paternity, he is considered to be the legal father. As the legal father, he and the mother both have the right to parent the child and spend time with the child.

Can a mother withhold a child from the father?

A mother can only keep a child away from their father in California if there is legitimate concern about the child's safety because of the father's behavior. Withholding visitation because of reasons deemed unrelated to a child's well-being can come with problems for the parent withholding visitation.

How to win a custody battle as a mother?

You must consistently meet your child's needs and follow established visitation schedules. Show the court your commitment by always being punctual for visitation exchanges, adhering to agreed-upon schedules, and being actively involved in your child's education and extracurricular activities.

Can I block my child's father?

Yes, you can block him, and you can refuse his visits. If he wants to share custody or get visitation rights, he can file a motion in court and request them. That will establish child support and a firm schedule for visitation. (It sounds like he probably won't do this.)

Can a parent stop a child from calling the other parent?

``Unless a court order authorizes such action, one parent can't block another parent with custodial rights from contacting their own child. Otherwise, the blocked parent will have legal recourse through the family courts'' And, daily calls are a bit much.

Dads: Can the Mother Legally Withhold Child from Father

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Can a mother refuse access to the father?

The answer to this question is almost always “no,” especially if there is a court order granting custody and parent-time to your child's father. What follows are potential exceptions to this general rule, but you should not withhold your child without discussing it with an experienced family law attorney beforehand.

What is it called when a parent keeps a child away from another parent?

Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.

Do I have to keep in contact with my child's father?

It is your choice if you want to minimize communication, but you should definitely not cut it because as co-parents you will need ongoing communication to be able to coordinate what is best for your child's life. You are not required to communicate with your child's father all the time though.

Can I block my ex if we have a child?

Things You Should Know. Block your ex if seeing their online activity causes you any stress or negatively impacts your mental health. Block your ex if they're trying to contact you without your permission or you feel the need to move on. Don't block your ex if you have kids or other important responsibilities together.

Is it illegal to block the parent of your child?

Unless a court order authorizes such action, one parent can't block another parent with custodial rights from contacting their own child. Otherwise, the blocked parent will have legal recourse through the family courts.

What is the biggest mistake in a custody battle?

The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.

Who is most likely to get custody of a child?

And it's still true that children of divorced parents are more likely to live primarily with their mothers than their fathers. According to data compiled from the U.S. Census Bureau, in 2018 about 80% of custodial parents were mothers.

What not to say during a custody battle?

Avoid cursing and putting down the other parent, your children, in-laws, and other family members, the mediator, the judge, and others involved in the process. That can be tricky when sensitive topics, such as substance abuse, are at play.

Can I legally keep my child away from his father?

Unmarried fathers have no rights to their children until they establish paternity. Establishing legal paternity is the only way an unmarried father can obtain parental rights. Until that time, a mother can deny visitation rights to the father. The mother could move away without the father's consent.

What looks bad in a custody battle?

Bad-mouthing your ex-spouse or engaging in verbal or physical altercations with them in front of a judge looks bad. If your children are present, it looks even worse. Judges understand that tempers run high during custody cases, but lack of self-control will not reflect favorably.

Can keeping a child away from the other parent backfire?

Keeping a child away from the other parent can backfire in serious and permanent ways. If the other parent feels that the situation will not resolve itself, they have the legal right to bring the matter before the court to enforce the existing court order regarding the parenting plan and their visitation rights.

Can my ex legally keep my child from me?

If you have a custody and visitation order, your ex can't stop you from seeing your child. Failure to pay child support is not a legal reason to refuse child visitation. You can ask the family court to modify the custody agreement to change your visitation schedule.

How do I co-parent with a toxic ex?

Tips for Co-Parenting with a Toxic Ex
  1. Put Your Child First. Respect the parenting schedule. ...
  2. Take Care of Yourself. ...
  3. Give What You Hope to Get. ...
  4. Have Backup. ...
  5. Get a Detailed Court Order. ...
  6. Establish Boundaries and Enforce Them. ...
  7. Think Before You Communicate. ...
  8. Communicate Only About Parenting.

Can a parent block the other parent?

The answer is usually no; a parent cannot stop a child from seeing the other parent unless a court order states otherwise.

Do I have a right to know who is around my child?

Do I have a say in who my ex brings around my child? You don't have a say in who the parent brings around your child unless you have a court order stating otherwise. If the person doesn't pose a safety risk, you shouldn't restrict the child from visiting the other parent.

Can you control who your co-parent allows around your child?

However, there are instances where you might be able to control who is around your child when you're not there. To do so, you either need the other parent's agreement or evidence that their significant other is unsafe or unhealthy for your child's well-being.

What is parental alienation?

Parental alienation is a theory in which one parent is accused of brainwashing a child to turn them against the other parent. It is most frequently diagnosed and cited as evidence in divorce and custody cases, even though most mental health professionals reject it as junk science.

Can I sue my ex for not letting me see my child?

Breach of contract: The parents are both contractually bound by the child visitation agreement, so if it is violated, it may be possible to sue for breach of contract.

What is the punishment for parental alienation?

Contempt of court: If the alienating parent repeatedly violates court orders related to custody, the court may hold them in contempt. Being held in contempt of court may result in fines, community service or even jail time.

Can you be forced to take custody of a child?

If the parent does not want custody of their own child, the courts will find a place for her. Noa parents cannot be forced.