What do I do if my ex-wife won’t let me see my kids?

Lexi, Chatbot

I’m sorry to hear about the difficulties you’re facing in seeing your son; that must be very challenging for you. Have you had any legal agreements or court orders regarding custody and visitation in place?

Lexi, Chatbot

Have you attempted to communicate with your ex-wife about your desire to see your son, or have there been any attempts to mediate the situation?

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with parental alienation.

TJ, Esq.

No

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions. They’ll help me better understand your situation so I can give you a more complete and tailored answer.

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TJ, Esq.

You're facing a tough situation with both your son and daughter. For your son, since he's nearing the age of majority, the court may consider his wishes regarding contact. For your daughter, establishing paternity is the first step to asserting your parental rights, which can then lead to seeking custody or visitation. It's a complex path, but there are legal avenues to explore for both children.

Let's discuss this in more detail so I can provide a more thorough response.

When you say you weren't part of the divorce process, does that mean you weren't served with legal papers or you chose not to participate?

Regarding your daughter, was her mother married to anyone else when your daughter was conceived or born?

Also, were you and your ex-wife married when your daughter was born?

TJ, Esq.

Thanks for getting back to me. It sounds like your participation in the divorce was limited due to your circumstances, which can definitely complicate things with the original custody order for your son.

For your daughter, since you were married to her mother, paternity is likely presumed, making it easier to establish your rights. This information helps clarify the starting point for addressing both situations.

For your son, since he's older, do you know if he also wants to have contact with you, or has he expressed any preferences about seeing you?

TJ, Esq.

It's completely understandable that you want to try and do something, especially with your son's birthday coming up. Even with him nearing 17, there are still options to pursue.

Regarding your son, while courts do consider the wishes of a child his age, it's not the only factor. The court will look at what's in his best interest, and that includes maintaining a relationship with both parents. The fact that you had regular contact with him, and that your ex wife stopped it after an argument and the revelation about his sister, paints a picture of parental interference rather than your son simply not wanting to see you.

For your daughter, since you were married to her mother, paternity is presumed by law. This means you generally don't need to go through the separate step of establishing paternity that unmarried fathers sometimes face. This makes your path to seeking parental rights, like custody or visitation, more straightforward.

The challenge here is that your ex wife has effectively cut off contact for both children for an extended period. This makes it crucial to get a court order in place, rather than relying on her willingness to cooperate. The court can establish clear visitation schedules and address issues like parental alienation.

Given your son's age, you'll need to act very quickly if you want to get a court order in place before he turns 18. Once he's 18, the court no longer has jurisdiction over him for custody or visitation purposes. For your daughter, there's a bit more time, but the sooner you act, the better.

Here's how I think you should proceed: you should file a petition with the court to establish or modify your parental responsibility and time sharing with both your son and daughter. For your son, you'd be seeking to re-establish time sharing and address the parental alienation. For your daughter, you'd be seeking to establish time sharing and parental responsibility for the first time. This strategy would get your case in front of a judge who can make decisions that are binding on your ex wife, and it would also address the issue of her preventing you from seeing your children.

Did I completely answer your question, and do you need clarification on anything? Please feel free to ask follow-up questions.

TJ, Esq.

It's tough when you don't know what's been said to your son, but your focus on getting the truth out is the right approach.

When it comes to court, what his mom may have told him, or even his current feelings, won't necessarily stop you. The court's main concern is what's in your son's best interest. You can present information that shows you've been trying to be involved in his life and that his mom has been preventing that.

Even if your son expresses negative feelings about you, the court will often look into whether those feelings are truly his own or if they've been influenced by the other parent. This is where parental alienation comes into play, and you can certainly make that argument to the judge.

The fact that you had regular contact with him, and then it suddenly stopped after an argument and the revelation about his sister, strongly suggests manipulation by his mother. This kind of history is important for the court to hear.

Did I completely answer your question, and do you need clarification on anything? Please feel free to ask follow-up questions.

Thanks again for letting me assist you!

TJ, Esq.

You're very welcome! I'm happy I could help!