What can I do if father refuses to let me see our son when we have joint custody? 9 Answers as of April 29, 2014

When we got our divorce, we did agree on him having domiciliary parent and joint custody with equal rights of our 3 year old. But the last couple of months, he won't let me see him. Could I go pick him up at his baby sitter's house without him knowing? What do I do?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Return to court to modify the parenting order and ask for an increase in child support.
Answer Applies to: California
Replied: 4/29/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Go to court on a contempt motion if your order says you get to have the child at certain times and the father is withholding him. Don't just pick him up unless there is an order that says when you can pick him up at the sitter's.
Answer Applies to: Washington
Replied: 4/29/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
If you have a custody order, you would need to file a contempt.
Answer Applies to: Pennsylvania
Replied: 4/29/2014
Provda Law Firm
Provda Law Firm | Bruce Provda
You need to petition the court for this violation of the custody order.
Answer Applies to: New York
Replied: 4/29/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If the order gives you visitation time and he is not allowing it, you file a motion for dad to be held in contempt for violating the order. If the order allows dad to decide when you see the child, then you will have to wait until there has been a material and substantial change in circumstances to get the order changed.
Answer Applies to: Idaho
Replied: 4/29/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    If you mean the father is the custodial parent and you share joint legal with equal visitation, you should visit your child as set forth in your written custodial agreement which is probably contained in your divorce papers. If he will not release the child to you during your custodial time, call the police to assist you. If the police refuse to help, any police report will assist you in bringing a case to modify custody. The courts do not reward the parent who refuses to facilitate visitation. I hope the helps.
    Answer Applies to: California
    Replied: 4/29/2014
    John Russo | John Russo
    That's really a good idea, put a young child into the middle of you'r dispute so that the child feels the tension. Ever hear of contempt motion with the court, to enforce visitation.
    Answer Applies to: Rhode Island
    Replied: 4/29/2014
    Smith Law | Sharon K Smith
    You need to file an emergency petition with the court through a motion stating that the child is being withheld. You should also file a complaint in custody.
    Answer Applies to: Pennsylvania
    Replied: 4/29/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    You need to seek a Petition for Contempt.
    Answer Applies to: Georgia
    Replied: 4/29/2014
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