If there is no court order then you cannot be held in contempt for violating a court's order by not allowing the other parent access. However, just because something is not in violation of an order does not mean that same thing is a good idea or will make a judge happy. Custody cases are very fact specific. I would highly recommend that you consult with an experienced family law attorney in your area to discuss the particular facts of your matter and determine what course of action would be best in your particular circumstances. Even though there is no court order in place right now doesn't mean that one day this case will not be in front of a judge. If that happens you may find yourself defending decisions about why you did or did not allow the other parent access to the child.
Beware that hiding the child from the other parent can definitely be used against you if and when a court gets involved in this case. You would be wise to sit with an attorney!
Knowledge is power. Hire a professional to listen to all of the facts and help you make informed decisions.
You do not have to let him have your son with no court order in place. In fact if you gave him your son you would have no guarantee of getting your son back. Try to get some temporary orders in place. Try to get family law counsel representation.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
If this is an issue, you probably need to go to court and get an order. The answer to your question is, no, you do not have to let your son’s father see him if there is no court order requiring you to do so. On the other hand, he may not have to let you see the child if the child is in his possession. Things can get difficult and scary really quickly without orders in place. The conduct of both parents leading up to the time a court has to get involved will have a huge influence on the outcome of the case. Be proactive. Find a lawyer you trust and get to court as soon as possible.
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