8 Things You Can Do When the Other Parent Won’t Let You See Your Child

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Few situations are more legally serious than a parent being denied access to their child.

When a co-parent refuses to honor your parenting schedule, or visitation order, or refuses to let you see your child at all, it can leave you feeling heartbroken and helpless. Fortunately, state laws provide legal tools to help protect your parenting rights and ensure that your children maintain a safe, healthy relationship with both parents.

No matter where you are in your custody journey, the following are steps you can take to safeguard your parenting rights.

1. Do You Have an Existing Court Order?When parenting time breaks down, the first question you will need to answer is whether a court order currently governs your custody or visitation. This will determine what remedies are immediately available to you.

   With a court order – A parent who refuses scheduled parenting time is violating a standing court order. A valid court order gives you enforcement options through the courts, and often through law enforcement as well.

   Without a court order – Parenting time isn’t enforceable without a legal order. The court or police can’t intervene in most states without a written order, meaning that your first step will have to be to file for custody or visitation.

   Knowing whether you have a valid order helps you choose the right path forward. It also ensures you don’t rely on options you don’t legally have and unintentionally escalate conflict.

2. If You Are Currently Going Through a Divorce or Separation, Request Temporary Custody and Parenting TimeWhen navigating a separation or divorce, temporary parenting arrangements can be critical. Most states allow parents to request temporary custody and visitation orders early in the divorce process, which helps stabilize the situation until a final decision can be made.

   To do this, you should:

   • Request a temporary hearing – Often called a temporary orders hearing or pendente lite hearing, this gives the court the opportunity to determine parenting time until a final divorce decision is reached.
   • Ensure you demonstrate the importance of ongoing contact with both parents – Courts generally favor parents who want their children to maintain a healthy relationship with both parents, not focus on their own conflict.
   • Highlight the other parent’s refusal – Judges take a parent’s willingness (or unwillingness) to foster the child’s relationship with the other parent seriously. Their blocking of your parenting time may influence the court’s decisions, both temporary and final.

   Decisions made during a temporary hearing will follow the same standard as that for a full custody and visitation trial. Temporary orders create the legal framework that the court can enforce immediately. If the other parent ignores the order or continues to deny visits, the court can adjust the temporary arrangements or even impose consequences.

3. If You Are Not Married, File for Custody and Parenting Time Through the Family Court FirstFor parents who were never married, custody and visitation are typically handled through family court, domestic relations court, or juvenile court, depending on the state. Filing for custody and parenting time through the appropriate court establishes your legal rights and allows you to seek temporary or emergency orders, if necessary.
   • File for custody and visitation – This triggers the court’s involvement and creates a legal pathway to secure enforceable parenting time.
   • Request a temporary or emergency hearing – If the other parent is withholding your child, you may be able to request immediate relief.

   Without a court order, you have no enforceable rights, even if the child has always lived with you. Filing establishes your legal standing and ensures that your parenting time is no longer at the discretion of the withholding parent.

4. Contact Law Enforcement If You Have a Valid Court OrderWhen a valid court order exists and a parent refuses to turn over the child, many states allow law enforcement to assist with enforcing the orders. Officers cannot mediate disputes or intervene unless enforceable orders are in place.

   If you have a valid court order, law enforcement can help if:

   • You arrive for visitation, and the other parent refuses the exchange.
   • The other parent hides the child or refuses to disclose their location.
   • The situation escalates and becomes unsafe.

   In more extreme cases, withholding a child can even lead to parental interference or custodial kidnapping charges. Law enforcement can be the fastest way of restoring scheduled parenting time, but it’s only available when the parenting plan has already been formalized and an order exists.

5. Enforce Your Order Through a Contempt or “Show Cause” ActionWhen the other parent refuses to follow your court order, most states allow you to request the court to hold the noncompliant parent in contempt, often through a filing called a motion for contempt, violation petition, or a show cause request.

   Possible court remedies can include:

   • Fines and penalties – Courts sometimes impose monetary penalties for violations, especially when they have been repeated.
   • Attorney’s fees – Many judges require the violating parent to reimburse the other’s attorney fees.
   • Mandatory makeup parenting time – Courts may award additional time to compensate for time that was denied.
   • Jail time – In more serious cases, judges can impose short jail sentences for a parent who is willfully noncompliant.

   Contempt actions send a strong message that parenting orders must be followed. If the other parent continues to deny your time, keeping clear records will become a crucial foundation for seeking remedies, including possible custody changes.

6. Document Every Denied Visit or InterferenceParents who end up in court often wish they had kept more detailed records. Clear documentation is critical for proving patterns of interference and for helping the judge understand the seriousness of the problem.

   If you are being denied time with your child, track:

   • Dates and times when your visitation was denied
   • Screenshots of messages, threats, or cancellations
   • Notes about whether your child appeared distressed or confused
   • Patterns, such as refusals on holidays, weekends, or special occasions

   Judges rely heavily on evidence in these cases. Keeping detailed, accurate records supports your credibility and helps the court see that the withholding parent’s behavior has been intentional, recurring, or harmful to your child.

7. Request a Modification if Interference ContinuesWhen one parent repeatedly blocks visitation, interferes with communication, or attempts to alienate the child, this can form the basis for a custody modification through the court. However, in most states, the parent requesting a modification must show a substantial or material change in their circumstances, and that a modification of custody or visitation is in the child’s best interests.

   Potential court outcomes in a modification order can include:

   • Expanded parenting time for the affected parent
   • Reduced time or supervised visitation for the withholding parent
   • Parenting classes or co-parenting counseling
   • Court-ordered reunification therapy
   • Temporary or permanent changes in custody

   Courts are extremely concerned with a parent’s refusal to support the child’s relationship with the other parent. Interference can significantly impact long-term custody decisions when withholding the child from the other parent is impacting the child’s well-being.

8. Seek Legal Help Early to Protect Your Parenting RightsSome parents withhold visitation out of fear or misunderstanding. Others do so intentionally out of retribution and to punish the other parent.

   Every custody matter is unique. Seeking the guidance of an experienced child custody lawyer can help assess your situation, suggest the most impactful next steps, and avoid mistakes that could weaken your case.

   Your family law attorney can help:

   • Decide whether emergency relief is possible
   • File the correct motion quickly on your behalf
   • Gather the strongest possible evidence
   • Advocate for your consistent parenting time
   • Protect your child’s emotional well-being through the process

   Getting legal advice early prevents small issues from escalating and shows the court you are proactive, child-focused, and committed to resolving the matter in the appropriate way, not through conflict with your co-parent.

When Parenting Time Breaks Down, You Don’t Have to Face It Alone

Being denied time with your child is not only painful – it’s legally significant. Every state provides legal remedies to restore parenting time and protect the bond between parent and child, provided there are no safety concerns. Whether you are just beginning a custody case or have been dealing with repeated violations, taking prompt action is the best way to protect your rights and safeguard your child’s well-being.

Schedule your free meeting with our team today to see if our Lawyers can help you.

You deserve a parenting plan that works, and your child deserves stability. If you are being denied visitation or need help navigating a difficult co-parenting situation, the experienced child custody attorneys at Melone Hatley, P.C. are here to help. Call us at 1-800-479-8124 or contact us through our website to schedule a free consultation with one of our Client Services Coordinators. Together, we can take the steps necessary to protect your parental rights and your child’s long-term stability.

Schedule a call with one of our client services coordinators today.