Q: Can a mother refuse to let the father see his kids without her present?
The father pays child support but the court did not set a visitation schedule due to the mother not showing up for court. She will let him see the kids but only when she wants and she has to be there the whole time. He can't even take the kids out to the park or do anything with them. She only let's him see them for an hour and then rushes them back.
A: If the mother and father are not married, and a court has not granted father parental rights or visitation, then the mother has sole legal custody and can prohibit contact with the father. Payment of child support is a separate issue. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you.
A: Father needs to file for parenting time again & get actual service on mother. If she doesn’t show then, an order can be issued. If she does appear, Father will need to be prepared to deal with any claims she makes as to why his time should be limited & supervised.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
