My child is almost 7 years old. Her father and I were never married, and we never agreed on who gets to spend time with her. We broke up over 5 years ago, but he still wants us to get back together. Whenever I do something he doesn’t like, or if I start dating someone new, he tries to control me by threatening to keep our child away from me.
He had our child on Monday night, which is part of our usual schedule, and I was supposed to have her on Tuesday night. When I went to pick her up last night, he refused to let her come with me, saying I’m not a good parent and that I put her in danger. I didn’t want to argue in front of our child, so I went home. I’ve been trying to reach him all day today, but he keeps saying I can’t see our child until we go to court.
Is he allowed to keep our child away from me until we go to court to sort this out? Can I call the police because he’s not letting me see her? Please help.
If there is no custody agreement in place and the father is attempting to withhold the child from you, you may have legal recourse to enforce your parental rights and establish a custody arrangement. Here are some steps you can take:
Document the Situation: Keep detailed records of any communication or interactions with the father regarding custody and visitation. This includes text messages, emails, phone calls, and any other relevant documentation that demonstrates his attempts to withhold the child from you.
Seek Legal Advice: Consult with a family law attorney who specializes in child custody matters. They can advise you on your rights, explain the legal process for establishing custody, and help you navigate the court system.
File for Custody: If there is no existing custody order in place, you may need to file a petition for custody with the family court in your jurisdiction. The court will then schedule a hearing to determine custody arrangements based on the best interests of the child.
Request Temporary Orders: In urgent situations where the child’s safety or well-being is at risk, you can request temporary custody orders from the court. These orders can provide immediate relief and establish a temporary custody arrangement until a final decision is made.
Mediation or Negotiation: Depending on the circumstances, you may be able to resolve the custody dispute through mediation or negotiation with the father. This can be a less adversarial approach and may result in a mutually agreeable custody arrangement without the need for court intervention.
Enforce Visitation Rights: If you have an existing custody order or visitation schedule in place and the father is violating it by withholding the child from you, you can file a motion for enforcement with the court. The court can take action to compel the father to comply with the terms of the custody order.
Consider Emergency Relief: In extreme cases where the child is in immediate danger, you may need to seek emergency relief from the court, such as a restraining order or emergency custody order, to protect the child from harm.
It’s important to act quickly and assertively to protect your parental rights and ensure the well-being of your child. A family law attorney can provide personalized guidance and representation throughout the legal process to help you achieve a favorable outcome in your custody dispute.