Skip to main content

What do I do if my son’s father won’t let me see him?

I haven't seen my child in over two months. His dad blocks my calls and refuses to give me parenting time.

16

6

Angelo M
Angelo M

14,444 satisfied customers

View context
Solved

I can hear how painful and frustrating this has been for you, and I understand that both the emotional toll and the impact on your child are becoming unbearable. What you are describing is essentially a combination of parental alienation and a violation of whatever custody or parenting time arrangement you either have now or should have in place. Unfortunately, calling for civil standby through the police can only do so much—police officers generally will not forcibly remove a child or compel compliance with a custody order unless there is an immediate safety risk. That’s why your real leverage comes through the court system..

The most urgent step is to determine if you already have a custody or parenting plan that was ordered by the court. If you do, and the father is violating that order, you can file a motion for contempt or enforcement. This tells the court he is willfully disobeying the existing order and asks the judge to compel compliance—potentially imposing sanctions, make-up parenting time, or even a change in custody if the violations are severe and persistent.

If you do not currently have a custody order, you would need to file a petition for custody and parenting time as soon as possible so there is a binding court directive in place. Without that, unfortunately, the father has no legal obligation to allow access.

Given the severity of what you’re describing—missing holidays, birthdays, extended summer parenting time, and especially the complete blocking of communication—you may also want to request emergency or expedited relief. Courts can and do grant temporary orders to restore contact with a child when one parent is being wrongfully cut off.

Documentation will be key here: keep records of your calls, texts, attempts to pick up your son, police incident numbers, and any witnesses to these denials. The fact that he has also not made a single child support payment since 2018 is a separate legal violation that can be addressed through the court or child support enforcement agency.

Because of the seriousness of the alienation and your recent health crisis—which underscores how important it is that your son be allowed to see you—you should act quickly. An experienced family law attorney can help you prepare the right motion, push for temporary make-up time, and protect your rights going forward. If cost is a barrier, most states have legal aid resources or self-help centers within the courthouse that can help you file. The sooner you get this back before a judge, the less damage will be done to your relationship with your child.

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?

0

Parenting Plan

Full Conversation


I haven't seen my child in over two months. His dad blocks my calls and refuses to give me parenting time.

Lexi

Lexi, Chatbot

I'm sorry to hear that you're going through this difficult situation with your child. Have you been able to communicate with your child's father about your concerns regarding parenting time?

No he blocks all my calls and texts, and doesn't answer the door when I show up to his residence to try and pick up my son.

Lexi

Lexi, Chatbot

Are there any existing court orders or agreements in place regarding custody and visitation?

I constantly am calling for a civil assist with the police, but he just doesn't answer the door, and it essentially does very little to help.

Lexi

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your parenting time.

Yes, I would like them to know everything I already told you, as well as that I was supposed to have custody of my son for the entire summer and have only seen him one time for only a few hours. I took him to a birthday party, and his dad wound up taking him from the party, and I have not seen or talked to him since. I have had medical issues arise, and at one point, I went into a coma due to some health complications, and I wasn't even afforded the opportunity to see or speak to my son one last time.

I need to know what to do, as this is beginning to cause me severe depression and is also hurting my son, to keep him from seeing or speaking to me.

Also has never once made a child support payment since our separation in 2018.

Angelo M

Angelo M

Greetings! I hope this message finds you well. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need. Thank you for your patience, and I look forward to working with you.

Angelo M

Angelo M

I can hear how painful and frustrating this has been for you, and I understand that both the emotional toll and the impact on your child are becoming unbearable. What you are describing is essentially a combination of parental alienation and a violation of whatever custody or parenting time arrangement you either have now or should have in place. Unfortunately, calling for civil standby through the police can only do so much—police officers generally will not forcibly remove a child or compel compliance with a custody order unless there is an immediate safety risk. That’s why your real leverage comes through the court system..

The most urgent step is to determine if you already have a custody or parenting plan that was ordered by the court. If you do, and the father is violating that order, you can file a motion for contempt or enforcement. This tells the court he is willfully disobeying the existing order and asks the judge to compel compliance—potentially imposing sanctions, make-up parenting time, or even a change in custody if the violations are severe and persistent.

If you do not currently have a custody order, you would need to file a petition for custody and parenting time as soon as possible so there is a binding court directive in place. Without that, unfortunately, the father has no legal obligation to allow access.

Given the severity of what you’re describing—missing holidays, birthdays, extended summer parenting time, and especially the complete blocking of communication—you may also want to request emergency or expedited relief. Courts can and do grant temporary orders to restore contact with a child when one parent is being wrongfully cut off.

Documentation will be key here: keep records of your calls, texts, attempts to pick up your son, police incident numbers, and any witnesses to these denials. The fact that he has also not made a single child support payment since 2018 is a separate legal violation that can be addressed through the court or child support enforcement agency.

Because of the seriousness of the alienation and your recent health crisis—which underscores how important it is that your son be allowed to see you—you should act quickly. An experienced family law attorney can help you prepare the right motion, push for temporary make-up time, and protect your rights going forward. If cost is a barrier, most states have legal aid resources or self-help centers within the courthouse that can help you file. The sooner you get this back before a judge, the less damage will be done to your relationship with your child.

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?

Yes the custody agreement was a custody decree order signed by a judge when I got the divorce.

How do I go about recollecting the child support payments that are owed to me for all this time?

Angelo M

Angelo M

Since you already have a custody decree from your divorce, the process to collect all of the back child support that’s owed to you is fairly straightforward, but it needs to be done in a way that has legal teeth. Because there’s already a court order in place, those unpaid amounts are not negotiable—they are considered “arrears,” and the court treats them like any other enforceable judgment. You don’t have to go back and prove you were entitled to the money, because the decree already says he must pay it. Your job now is simply to enforce the order..

The most direct route is to go through your local child support enforcement agency, which is often part of the county prosecutor’s or district attorney’s office, depending on where you live. You can take a certified copy of your divorce decree and payment history (or lack of payments) to them, and they will open or reactivate an enforcement case. They have tools you don’t have on your own—automatic wage garnishment, intercepting his tax refunds, suspending his driver’s and professional licenses, placing liens on property, and even pursuing contempt charges that could land him in jail if he continues to ignore the obligation.

If you prefer to go through the court directly, you can file a motion for contempt for nonpayment of support. This lets the judge order him to pay the arrears in full or in installments, and the court can still use the same enforcement measures. Many parents choose to do both—open an enforcement case with the agency and file a contempt motion—so there’s no gap in pressure. You will want to gather any proof you have of missed payments, such as bank records, payment ledgers, or correspondence from when payments stopped in 2018.

Given that your case involves both unpaid support and ongoing parenting time violations, it might be wise to combine those issues into your court filings so the judge sees the full pattern of disregard for the order. Judges tend to take a harder line when they see a parent violating multiple parts of a decree.

Angelo M

Angelo M

I want to make sure I've fully addressed all of your questions and concerns. If there's anything you’d like me to explain further, feel free to let me know. Is there anything else you'd like to ask about this situation? Thank you!

You have been a lot of help, and I want to thank you for your time! So, is it best just to go into the courthouse, or do I need to print and file paperwork beforehand? If so, what forms do you suggest I need?

Angelo M

Angelo M

I’m glad I could help, and I appreciate you saying that. In your situation, you’ll want to go in prepared rather than just walking into the courthouse empty-handed, because the clerk’s office generally won’t draft anything for you—they’ll just hand you the forms and send you to a self-help desk if one exists. That means you’ll save yourself a lot of frustration if you either download, fill out, and bring the right paperwork in advance or at least know exactly which forms to ask for when you get there.

Since you already have a custody decree, you’re looking at two separate but related filings. First is a “Motion for Contempt” or “Motion to Enforce” the existing order, which can include both parenting time and child support violations. Second, if you want to go after the child support through the court, you may also need an “Affidavit of Arrears” or “Child Support Information Sheet,” which basically lists how much is owed and how you calculated it. Most family courts have standard packets for contempt/enforcement of custody and support—these usually include the motion, affidavit, notice of hearing, and sometimes a proposed order for the judge to sign.

If you also want to get the Child Support Enforcement Agency involved (and I recommend you do this in parallel), you can contact them separately, and they’ll have their own application packet that you can submit online, by mail, or in person. That way, they can start garnishment or intercept action while the court process plays out.

Angelo M

Angelo M

Thank you so much for your questions! Thank you so much for giving me the opportunity to assist you, and please don't hesitate to reach out if you have any further questions or concerns. 

Angelo M

Angelo M

14,444 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Angelo M
Welcome! Have a similar question?

5 lawyers online now

Brandon
Brandon

Attorney

4.56 (16,155)

[CA] [CA] What are the minimum legal requirements for a postnup?

16

6

Answered 3 days ago

Andres Sanchez
Andres Sanchez

Attorney

4.73 (22,292)

[FL] [FL] Can a POA be signed in multiple states?

20

7

Answered 4 days ago

TJ, Esq.
TJ, Esq.

4.68 (17,778)

[GA] [GA] How do I legally change my name and gender?

14

5

Answered 4 days ago

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step of 3
Loading...
Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer