Dose it hurt a child custody case if the mother of the child dose not let the father of the child see the child?

Attorney answers (2)

1. 

   Mark Longwell

   Orlando Criminal Defense Attorney

   Contributor Level 13

   2

   Lawyers agree

   Answered June 16, 2012 22:25. It all depends on the exact facts. But, the answer is generally: Yes, not letting the child have a relationship with the father can be seen as a strike against the parent who is preventing the child from seeing the father. Unless there is a court order usually based on some form of abuse or some extreme circumstance such as the father being in prison or having had his parental rights terminated, a parent should encourage the relationship between the child and the other parent. This is best for the child, and that's what the court is ultimately interested in. A parent who undermines the parent-child relationship can have that considered against that parent when the court makes decisions as to "child custody" and "visitation". Not getting child support is not an accepted reason to prevent a parent from seeing a child. There are independent remedies for not getting child support. You should hire an attorney in your area to help you with this matter.

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2. Licensed in ID

   

   Paula Sinclair

   Twin Falls Social Security Lawyers

   Contributor Level 20

   Answered June 17, 2012 14:56. There is a world of difference between "he has not tried to contact" and "mother does not let . . ." Which it is in your case is not clear. Also, the legal status of the father's rights and obligations is not clear. If his paternity has been decreed and a support order established, then payment of support is required and enforcable by the court, but support is a wholly separate matter from custody rights. If parental rights have been decreed, and he chooses to not exercise those rights, then you can't force him. But if his contact rights are established by court order and he can prove that you have interfered with his contact, then predictably unwelcome consequences could result. In extreme cases where one parent proves they cannot be trusted to allow the other parent meaningful contact, primary custody can be transferred to the denied parent.
   
   A much better question on your part would be: what can I do about father's contact to look really good to the court? The answer is to do whatever you can to facilitate that contact. From the point of view of your child, who has a right to grow up knowing both parents, that is the most loving thing you can do. Even if you are sure the father is a weasel and a jerk (whom you dislike intensely even though you once liked him enough to conceive a child), you should make the effort to create contact betwee your child and its father.
   
   Best wishes for a favorable result, and please remember to designate a best answer.

   This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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