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Can your ex stop you from seeing your child?

On Behalf of | Apr 7, 2023 | Child Custody & Visitation

Some relationships can go the long haul, but others just aren’t meant to be. It’s often best for adults to go their separate ways and start again, which is where divorce comes in. 

Nonetheless, a divorce can become much more complex when children are involved. It’s not as simple as just going your separate ways. Generally, the court prefers both parents to play an active role in raising their children. They will ask you to negotiate a custody settlement on your own, or, they may intervene and set a custody order based on the best interests of the child. 

Unfortunately, you have been prevented from seeing your child recently. Why might this happen — and what can you do about it? 

Your ex wants to move away 

Your ex wants to start afresh post-divorce, which is understandable. That being said, this cannot be at the expense of your parental rights. Your co-parent cannot simply tell you that they have moved or are moving to a different state and you will not be able to see your child. Such a decision must be approved by the courts and your custody rights must be taken into consideration, as well as the best interests of the child. 

Disputes over child support 

You are more than happy to pay the child support that has been requested by the court, but your ex has been asking for more — and you have refused. Consequently, they have prevented you from seeing your child. Even if you are struggling to pay the formally agreed support payments, this should not interfere with you seeing your child. Child custody and child support are completely separate legal issues and are dealt with by the family court accordingly. 

Being prevented from seeing your child can be upsetting for both of you. Thankfully, you have legal rights as a parent. Seek some guidance to find out what options are open to you.