Q: My wife will not let me see my son. What are my rights as a dad?
A: If you have a custody order, you can seek enforcement of the order. If you do not have a custody agreement, you will need to file for custody in the state where the child has resided for the last 6 months. Be aware if you are seeking custody for the first time, child support payments will be granted to the primary parent. Contact a family law attorney for details.
A: If there are no court orders in place she, unfortunately, does not have to let you see your son. If there are no court orders in place, the only way to force her to let you see your child is to file for custody or divorce and go through then process. A court will not look favorably upon her for unjustifiably withholding your son. If there are no court orders and no case filed and your son is school aged, there is nothing legally preventing you from going to school to get him or see him. Just be smart about how you approach that.
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