The other parent will not let me see my children, what can I do?

BaumDockterLogoType756
Specializing in Complex Divorce & Child Custody Law

 

The other parent will not let me see my children, what can I do?

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.

The only common situation when you may not want to immediately go to Court is if you are the mother of the child and are not married the other parent. In Massachusetts, the assumption is that the mother of a child born to unmarried parents has custody until a Court orders differently. If you are an unmarried mother, you have full sole legal custody and should contact the police to help you get back your children.

If you an unmarried father or a married parent, your situation is more difficult. If both parents are married, then they both have joint legal custody and independent rights to parent the child.

This raises a serious problem when married parents separate, are living apart, and one refuses to allow the other to see their children. Each parent has full legal right to have the children in their custody, but a legal right is only worth something if you can enforce it. Unfortunately, the police will not get involved in domestic relations issues and will not make one parent allow the other to see the children. The only way you can protect your parental rights is though Court.

It is almost never a good idea to physically try to take the children from the other parent. Such an altercation will often result in call to the police, claims of domestic violence, and possibly a restraining order.

If the other parent is refusing to let you see your children, contact us today. We will advise you of your legal options and help you plan the best way to protect your parental rights.

Education Center