What Legal Options Do I Have if My Child’s Mother Refuses To Let Me See My Child?

As a father with court-ordered visitation rights, it’s devastating when your ex refuses to let you see your child. Maybe she regularly cancels your parenting time at the last minute, withholds your child during scheduled visits, or denies you access altogether. These actions not only violate your rights as a father but also deprive your child of valuable time with you.

If you have a court-ordered parenting plan in Tennessee, both you and your ex-wife are legally required to follow the visitation schedule. When one parent consistently interferes with the other’s parenting time, it’s called custodial interference – and there are steps you can take to enforce your rights.

Document the Visitation Denials

The first crucial step is to maintain careful records of each incident when your ex-wife fails to comply with the visitation order. Keep a calendar or journal with detailed notes, including:

• The date and time you were supposed to have parenting time
• What happened when you tried to exercise visitation
• Any communications with your ex-wife about the missed visit
• Whether your ex-wife provided any reason for the denial

Also, preserve any relevant emails, text messages, voicemails, or other correspondence that helps prove the pattern of visitation interference. The more specific your documentation, the stronger your case will be in court.

Attempt to Resolve the Issue Informally

In some cases, you may be able to resolve visitation conflicts with your ex-wife without involving the legal system. This is often preferable, as litigation can be stressful, costly, and time-consuming.

Consider reaching out to your ex-wife in writing (so you have a record) to express your concerns about the missed parenting time. Remind her that the visitation schedule is a court order, not a suggestion. Propose make-up days for the visits you’ve lost, and clearly state your intention to adhere to the established parenting plan.

If your ex-wife is receptive, great – you may be able to work out an arrangement between yourselves. However, if she is uncooperative or unresponsive, you may need to take legal action.

File a Petition for Civil Contempt and to Compel Visitation

When your ex-wife persistently violates the visitation order, you can file a Petition for Civil Contempt and to Compel Visitation with the court that issued your parenting plan. This formal legal action asks the court to:

1. Find your ex-wife in contempt of court for failing to follow the order
2. Order your ex-wife to comply with the visitation schedule moving forward
3. Impose penalties against your ex-wife for her non-compliance

Your petition should detail your ex-wife’s specific violations of the court order and include the documentation you’ve gathered. An experienced family law attorney can help you draft a compelling petition and represent you in court.

Attend the Contempt Hearing

After you file your petition, the court will schedule a hearing where both you and your ex-wife will have the opportunity to present evidence and testimony about the alleged visitation violations.

To find your ex-wife in contempt, the court must determine that she willfully disobeyed the visitation order without good reason. Your attorney will present your documentation of the denials and argue why the court should enforce your parenting time.

If the judge finds your ex-wife in contempt, they have broad discretion to impose penalties, such as:

• Ordering make-up parenting time to compensate for the time you’ve lost
• Modifying the parenting plan to give you additional visitation or decision-making authority
• Requiring your ex-wife to pay your attorney fees
• Imposing fines or even brief jail time in serious cases

The specific consequences will depend on the extent of your ex-wife’s violations and her attitude in court. The goal is to hold her accountable and ensure compliance with the visitation order.

When You Don’t Have a Visitation Order

But what if you’re an unmarried father who doesn’t have a court-ordered visitation schedule? In Tennessee, unwed mothers have full legal and physical custody until paternity is established. Without a visitation order, you don’t have legal recourse if the mother refuses access to your child.

To pursue visitation rights, you’ll first need to establish paternity through a voluntary acknowledgment or court order. Then, you can petition for court-ordered parenting time. The court will decide custody and visitation based on the child’s best interests, considering each parent’s relationship with the child, caretaking history, and ability to cooperate in co-parenting.

Unless the mother can prove that visitation would pose a danger to the child, you’ll likely be granted meaningful parenting time. How much you get depends on the unique circumstances of your case.

Enlist an Experienced Chattanooga Fathers’ Rights Attorney

Whether you’re enforcing an existing visitation order or establishing custody rights for the first time, the legal process can be overwhelming as a father. But you have rights – and you don’t have to navigate this complex terrain alone.

If you’re in the Chattanooga area, the dedicated family law attorneys at the Law Office of Sam Byrd are here to fight for your parental rights. We’ve helped countless divorced and unwed fathers assert their legal right to time with their children. We know the feelings of frustration, anger, and helplessness that come with visitation denials – and we’re here to help you take action.

Don’t let your ex-wife’s unreasonable withholding destroy your father-child bond. Take the first step today by calling our Chattanooga office or requesting a confidential consultation through our website. We’ll listen to your story, explain the legal remedies available, and craft a strategy to get you the parenting time you deserve. Let us handle the heavy legal lifting so you can focus on being there for your child through this difficult chapter.