What to do if I can't see my child?

Asked by: Leslie Stanton  |  Last update: January 26, 2026
Score: 5/5 (68 votes)

If the other parent is not letting you see your children, you should almost always go to Court as soon as possible to protect your parental rights through a temporary order.

How do I deal with not being able to see my child?

One way to resolve this issue and prevent your co-parent from keeping you from spending time with your child is to file a visitation modification request with the court. You can go through the court system to make a new visitation schedule that protects your rights to visitation moving forward.

What to do if I can't see my kids?

You can talk to a friend, relative, counselor, or GP. You can also consider joining a support group. You can try contacting your ex by email, text message, or letter. Keep your messages short, polite, and focused on agreeing on a time and place to see your child.

What to do if your ex won't let you see your child?

Your attorney can help you file a motion to enforce visitation, requiring your ex-spouse to comply with the court order. If your ex-spouse continues to deny visitation, they can be held in contempt of court, resulting in fines, community service, or even jail time.

Can you get in trouble for not seeing your child?

In many states, denying parenting time is a crime. In other states it is a civil offense like being in contempt of court. Yes, you can be admonished by the court, you can be fined, you can be required to pay him damages, you can be jailed, and you can lose custody.

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Can the mother refuse the father from seeing child?

A mother cannot stop a father seeing his child unless the court orders to do so.

Can the police help me get my child back?

Law enforcement does have the legal right to enforce a child custody order; however, custody disputes are usually considered a civil matter and the police might refuse to get involved. Child custody issues can become very complicated, and there is no one correct answer to all situations.

Can a mother legally withhold visitation?

California generally prohibits parents from withholding visitation unless there is a legitimate reason. Legitimate reasons can mean more than just disliking the other parent. Typically, a court needs to agree to withhold visitation if there is concrete concern that a child is unsafe when with the other parent.

What is it called when a parent keeps a child from the other 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.

Can you sue someone for not letting you see your child?

But unless a judge approves your settlement agreement and makes it part of a court order, the only way to enforce the agreement—say, when the other parent keeps a child from seeing you at agreed-on visitation times—would be to sue for breach of contract.

How often should a co-parent call their child?

Unless there is a specific need, parents should not initiate a call or text to their children more than one time a day while they are in the other parent's custody. It is understandable to miss the child, but co-parenting requires respect for the child's time with the other parent.

Can my ex legally keep my child from me?

If your former spouse or former partner is refusing to allow you to see your children for any reason, you have the right to file the proper legal action depending on the circumstances of your case.

How can I legally see my child?

If you and the other parent reached an agreement without a Court order and the other parent is not letting you see the children as much as you would like, you should file a Motion with the Court for a child custody order.

Can a child say they don't want to see a parent?

Children's wishes are considered in court decisions but do not solely determine the outcome. There isn't a specific age in UK law at which a child can refuse contact with a parent. Courts balance the child's preferences with their welfare.

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

You may be wondering if you have the right to know who your ex is bringing around your child. In general, no. The other parent can decide who is around your child when they have custody without your input. You typically cannot tell your ex that they need to prohibit certain people from hanging around your child.

Can you take a child to court?

Children can be disruptive during court hearings, and judges don't like being interrupted. Hire a babysitter or ask a friend or family member to look after your kids, but don't bring them to court.

Can I call CPS for parental alienation?

Though parental alienation is emotionally damaging, it doesn't always fall under CPS' usual criteria unless it directly leads to neglect or abuse. The complexity of alienation often involves subtle psychological manipulation, which may not be obvious to outside agencies like CPS.

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.

How to deal with not seeing your child?

How to deal with not seeing your children
  1. Keep in touch. ...
  2. Talking about your ex. ...
  3. Manage expectations. ...
  4. Accept how you feel. ...
  5. Create a support network/ Share your feelings. ...
  6. Find your own happiness. ...
  7. Chat with your friends and loved ones.

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 to do when your mother won't let you see your child?

If the other parent refuses to let you have your scheduled visitation, you can file a petition for a Show Cause, requesting the court hold the other parent in contempt for not complying with the order. In a Show Cause, the court can award sanctions, jail time, and attorney's fees against a noncompliant party.

What happens when a child refuses to go with a parent?

Sometimes, with older children who refuse visitation, it may not be considered the parent's fault if the visit didn't happen. But if a child continually refuses to follow the visitation schedule, regardless of the child's age, then a parent may decide to get the court involved through contempt proceedings.

Who decides if a kid gets held back?

Your child's classroom teacher will often be responsible for deciding if your child should be held back. And even if the school district has another procedure in place, the classroom teacher's input will strongly influence the decision-making process.

Can one parent withhold a child?

Under California law, both parents are presumed to have a right to custody and visitation. Thus, if no existing order establishes custody of a child, either parent can seek court intervention to establish custody.

When you lose custody of your child can you get it back?

In most cases, the courts will approve reinstatement of parental rights only when the child wishes to be reunited, the circumstances of the parents have improved to the point that they are able to safely parent the child, and the reunification is in the child's best interests.