When you end a relationship with a spouse or partner and you have children together, you still have the right to see your kids. Your relationship with your children does not end even when you divorce or break up with a partner. Sadly, some people will try to use their children as a tool in the breakup. Withholding visitation with your children when there is no specific order preventing you from doing so can be emotionally damaging to both you and your kids. The following are some things you need to do if your former partner is trying to prevent you from seeing your children:
Formally Establish Your Parental Rights
If you and your partner were never married, you might have to formally establish your parental rights. This is especially important if your spouse argues that the children might not be yours. You might have to submit genetic testing results. Once this process is finalized, you can petition the court for visitation.
Write Down All the Details
One of the first things you need to do if your former spouse or partner is keeping your children from you is keep records. Maintain a notebook or spreadsheet to record all the information. Record when your spouse does not allow you to speak to your children on the phone. If you had a planned visit with your kids and your spouse or partner changes their mind, write down all the pertinent information. If you and your former partner had planned to meet for a visit with your kids and they failed to show up, write down that information. You should record the date and time of the incident. Record what your initial plans were and the actual outcome. All of this information will help you as you begin to seek formal custody.
Work Directly with Your Former Partner
One of the best ways to get visitation with your children is to talk to your former partner to work out a visitation schedule with your kids. This might need to involve your attorneys if you and your former partner are not on good terms. Mediation is a great way to work out your visitation and custody arrangements. Once a court order is in place, your former partner has to abide by it by law.
If none of these options work, you need to take further action. Be sure to work with a family law attorney to ensure you have the best outcome possible. For more information, contact a local law office, like Sekella Law PLLC.Share