The mother of my kids wont let me see them when she is mad, what can I do ?

Asked over 1 year ago - Bayonne, NJ

We had a verbal agreements of when to see the kids. Life happens and sometimes instead of seeing them on, lets say Saturday, I asked her to let me see them Sunday. She went mad, I never never change dates or anything, or never said I dont want to see them, just switching one day for another. I give her the money for the kids, never a problem, yet she refuses to let me see them.

Can I take her to court ? Not for child support, that is not the issue, but for my visitations days.

Its not fear and it truly hurts me when she denies me to see my kids, and I cant go to the house and knock on the door because Im sure she will call the police and I cant stand the idea of my kids see that scene, something she wouldnt mind.

thank you

Attorney answers (4)

  1. Brad Michael Micklin

    Pro

    Contributor Level 14

    Answered . Yes, you can file a motion to enforce your parenting time rights. Additionally, you can ask for additional, makeup parenting time for any days you missed.

    If you want to speak with an experienced attorney who is familiar with these areas of law, call us at 973-562-0100. Our firm is concentrated in family law and estate planning case. Also below are links to our blog articles that may assist you with your issue.

    Good luck.
    Brad M. Micklin, Esq.
    The Micklin Law Group
    187 Washington Ave., Suite 2F
    Nutley, NJ 07110
    973-562-0100
    Brad@Micklinlawgroup.com
    www.micklinlawgroup.com

    Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited... more
  2. David Perry Davis

    Contributor Level 17

    Answered . You need to get to court and, either through an order from a judge or mediation, get an enforceable order as to parenting time. I suggest speaking with an attorney on this issue and to determine what the court is probably going to order as to support. You say that's "not your issue", but I would assume she will raise it when you file (and even if she doesn't the court may raise it on its own).

    As has been previously said on topics of this level of importance .... some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category. I can't strongly enough suggest that you meet with an attorney and go over your case and what to do. I'm not one to punt every question here with "get a lawyer". but think of it this way: If this were a medical questions site and someone asked what the proper dosage of Tylenol for a 180 lb man is, it could be answered quick and clean. But - if someone posted a question saying they had severe chest paid radiating down their left arm... you'd say "get to a professional ASAP." You're asking a question here that's the equivalent of telling a doctor you have chest pain. What you do (or don't do) in the immediate future is hugely important to the eventual outcome. The stakes are too high here to skip at least getting a consult with a professional.

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks.... more
  3. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . Yes you absolutely can take her to court. In fact, if you don't have court-ordered custody and/or parenting time, you have no right to visitation yet and she holds all the cards. Get a NJ family law attorney to advocate for you.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  4. Paula Brown Sinclair

    Contributor Level 20

    Answered . Court orders to define parental rights are clearly needed here, not just for custodial times, but for the seemingly unlimited number of issues that can arise when parenting apart. If your paternity has not been established by court order, that will be the first step. It is your responsibility to petition for the paternity/parenting order, and It may not be appropriate as a DIY project. Consult with a local experienced family law practitioner, and for the sake of your child(ren0, do not delay.

    Best wishes for an outcome you can accept, 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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