Can I see my son in the hospital if the custodial mother will not let me? 21 Answers as of October 28, 2011

That is wrong. You need some good legal advice. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Your son deserves your emotional support, especially while he is hospitalized. If there aren't restraining orders restraining you from seeing your son at other than your normal custodial or visitation orders, there shouldn't be any reason why you can't visit your son while he is in the hospital. If the mother persuades the hospital personnel not to allow you to visit him, file an Order to Show Cause and an Ex Parte Application for emergency relief and/or for an Order Shortening Time, seeking orders allowing you to visit your son. The mother's refusal could also be considered by the Court in an Order to Show Cause to modify child custody.

If the custodial mother has sole legal and physical custody of the child then she can prohibit you from coming to the hospital to see the child. However, you have the option of filing a complaint for modification, seeking to modify your custody order. You can also file an emergency motion for temporary orders, seeking to allow your visitation with the child while at the hospital, and having this heard on an emergency basis may (or may not) address the importance of having your emergency motion for temporary orders heard on a timely basis. However, more information is needed here - such as are there any protective orders in place that prevent your presence.

If you have any orders of protection in force, no, not without a court's approval. If not, what, if any, does any agreement of visitation say? They usually address this type of situation. Otherwise, I don't see any reason that you, as the biological father, cannot visit your child in the hospital. Consult an attorney regarding the specifics of your situation.

Typically no (not true), unless the Court ordered parenting plan specifies otherwise.

That depends upon the separation/divorce judgment or settlement agreement under which custody was decided.

My first thought is: what does the parenting plan actually say? If there is some restriction on your access to the child, or if there is some specific provision in the plan dealing with the issue, then, you would have to follow that. In the absence of some such provision, I believe that you should be able to visit your child in the hospital. Such visits would, of course, need to be or reasonable duration. They would need to be non-disruptive and civil.

If you have legitimated your child, then the child's mother cannot prevent you from seeing your son. If you have not legitimated your son, then you do not have parental rights and the mother may be able to prevent you.

you should check the orders of the court to determine your rights.

This depends on the language in your custody papers. Most custody arrangements allow for each parent to have equal access to medical records, school records, etc. This includes times when your child needs medical attention. A lawyer will need to review your custody papers to best advise you on your rights to your son.