It is a big worry when parents do not live together. Can one parent stop the other from seeing their child? This is a very important question for moms and dads. Knowing the rules helps keep things fair for the child and the parents. It helps make sure children can see both their parents if it is safe.
Can a parent stop the other parent from seeing their child?
Thinking about access: Sometimes, one parent might want to stop the other parent from seeing their child. This can happen for many reasons. Maybe they are upset with the other parent. Maybe they worry about the child.
The law and seeing your child: The law has rules about this. Usually, a parent cannot just decide to stop the other parent. It is important to know what the law says. You can learn more by watching a video about family law issues.
Reasons a parent might want to deny access:
- Anger: The parent is mad at the other parent.
- Worry: The parent thinks the child might not be safe.
- Misunderstanding: The parent does not know the rules.
What usually happens:
- Both parents see child: Courts usually want children to see both parents.
- Rules are followed: Parents need to follow any court papers about time with the child.
- Help from court: If there is a problem, parents can ask a court for help.
Example from life: Lisa and Tom are parents but do not live together. Tom told Lisa she could not see their son next weekend. Lisa was very worried and did not know if Tom was allowed to do that without a good reason.
What if a court paper says when a parent sees the child?
About court papers: Sometimes, a judge makes a paper called a court order. This paper can say when each parent gets to see the child. This is often called parenting time.
Following the court paper: If there is a court order, both parents must follow it. One parent cannot just change it. If the paper says mom sees the child on Saturday, then dad usually must let her see the child.
What court papers do:
- Set a schedule: It tells who has the child and when.
- Make rules clear: It helps parents know what they must do.
- Can be enforced: A judge can make sure parents follow it.
Why court papers are important:
- Fairness: They try to be fair to the child and parents.
- Child’s good: They aim for what is best for the child.
- Stop fights: They give clear rules to stop parents from fighting.
Example from life: Maria has a court order that says her children visit their father, David, every other weekend. David decided he wanted them for an extra weekend that was Maria’s time. Maria knew David had to follow the court order, just like she did.
What if there is no court paper about seeing the child?
When no order exists: If there is no court paper about parenting time, things can be tricky. One parent might try to keep the child from the other. This is often called self-help.
Risks of self-help: Doing things on your own without a court order can cause problems. The other parent might get very upset. They might go to a judge to ask for help to see their child.
Problems without a court paper:
- Fights: Parents may fight a lot about time with the child.
- Child confused: It can be hard for the child if rules keep changing.
- Legal trouble: A parent might get into trouble if they are not being fair.
What parents can do:
- Talk together: Try to agree on a schedule for the child.
- Get help: A family helper or family law attorney in Michigan might help.
- Ask a court: Parents can ask a court to make an order.
Example from life: Sam and Jen broke up. They did not have a court paper for their daughter, Lily. Sam decided not to let Jen see Lily for a month because he was angry. Jen had to think about asking a court for help.
What happens if a parent does not follow the court paper for parenting time?
When orders are broken: Let’s say the child lives mostly with Dad. Mom is supposed to see the child for parenting time based on a court order. If Dad does not want to let Mom have her time, he is not following the order.
Getting help fast: In this case, Mom can ask a judge for help right away. She can ask for an emergency order. This order would help her get her parenting time with the child as the first order said.
If dad denies mom’s time:
- Mom can act: Mom can go to court quickly.
- Emergency order: She might get a paper that orders Dad to give her time.
- Dad in trouble: Dad could get into trouble for not following the first order.
Why following orders is key:
- It’s the law: Court orders are like laws for your family situation.
- Child needs both parents: Courts usually feel it’s good for kids to see both parents.
- Avoids more problems: Following orders stops more legal fights and costs.
Example from life: A court order said Ben should have his son for the summer holiday. His son’s mother, Sarah, refused to let their son go. Ben had to talk to his lawyer to ask the court to make Sarah follow the parenting time order.
Can a parent say no to parenting time if they worry about the child’s safety?
Safety first: Sometimes, a parent might worry that the child will not be safe with the other parent. For example, they might think the other parent is drunk or high. This is a very serious worry.
A hard choice: You do not want to send your child to someone who might be drunk and drive. But you must be very careful if you decide to stop their time. It is a big choice to make on your own.
When safety is a worry:
- Drunk parent: You think the other parent drank too much alcohol.
- High parent: You think the other parent used drugs.
- Other dangers: You believe the child is in real danger.
What to think about:
- Child’s safety: This is the most important thing.
- Court order: Remember, there is a court paper you should follow.
- Being sure: You need to be very sure there is a real danger.
Example from life: Anna was supposed to give her daughter to Mark for the weekend. When Mark came to pick her up, Anna thought he smelled like alcohol and his eyes were red. Anna was very worried about her daughter’s safety if Mark drove.
How sure must a parent be if they stop parenting time for safety?
Being very sure: If you stop the other parent’s time because you think the child is in danger, you must be very sure. Your lawyer is not there to decide at that moment. The judge is not there either.
Your own call: You are the one making the call at that time. If the other parent shows up, and you think they are drunk, you have to decide. You better be right about it.
Why you must be sure:
- It’s your choice: You are deciding against a court order.
- Big risk: If you are wrong, you can get into trouble.
- Must have reason: You cannot just have a “feeling” without facts.
Questions to ask yourself:
- What did I see?: What makes me think they are a danger?
- Is it a real danger now?: Is the child unsafe right this minute?
- Can I prove it?: Do I have any way to show this to a judge?
Example from life: David thought his ex-wife, Karen, seemed high when she came for their son. He told her she could not take him. David knew he had to be very sure because if Karen was not high, he could be in trouble with the court.
What could happen if a parent is wrong about a safety danger?
Risk of being wrong: If a court finds out you were wrong, you could be in trouble. If you just made up your mind without a good reason, the court will not be happy. You could be held in contempt of court.
It’s your risk: Your lawyer will not be the one in contempt. You will. The court order tells you to give the child for parenting time. It does not tell your lawyer to do it. So, it is your risk.
If the court finds you were wrong:
- Contempt of court: The judge can say you broke the court’s rule on purpose.
- Fines: You might have to pay money.
- Loss of time: The judge might even change how much time you get with your child.
What “contempt of court” means:
- Breaking rules: It means you did not follow a judge’s order.
- Serious matter: Courts take this very seriously.
- Has results: There are punishments for being in contempt.
Example from life: Maria told the court she did not let her ex-husband see their kids because she thought he was sick. But she had no proof, and the judge found out he was not sick. The judge told Maria she was wrong and might be in contempt for not following the parenting time schedule.
What proof does a parent need if they stop parenting time for safety?
Showing you were right: If you stop parenting time for safety, the other parent will likely file a paper with the court. This paper will say you denied their parenting time. You will have to explain to the judge why you did it.
Need good proof: You cannot just say, “”I thought he was drunk.”” You need something to show it. Maybe a neighbor saw him drive badly. Maybe there is a police report. You need real proof. Find out more by watching a video about a mother denying a father access.
Types of proof:
- Witness statement: A paper from someone who saw what happened.
- Police report: If the police came and made a report.
- Photos or videos: If you have pictures or videos that show the danger.
Why “my opinion” is not enough:
- Judge needs facts: The judge will not decide based on just your feeling.
- Other parent has rights: The other parent has a right to their time unless there’s a real danger.
- Court can punish: If it is just your opinion with no proof, the court can punish you.
Example from life: When Tom stopped Lisa from seeing their child because he said she was yelling and acting strange, Lisa took him to court. Tom had a video from his doorbell camera that showed Lisa shouting and hitting his door. This helped Tom show the judge why he was worried.
Why do courts want children to see both parents?
Parent-child bond: Courts believe it is very important for children to have a good bond with both parents. This bond is special. Courts want to protect it.
Helping the bond grow: If the child lives mostly with mom, the court wants to help the bond with dad. If the child lives mostly with dad, the court wants to help the bond with mom. It’s about what’s good for the child. You can learn more from this video: Can a parent keep the child away from the other parent without a court order.
Why this bond matters:
- Child’s feelings: Children often feel better when they know both parents.
- Learning from both: Each parent can teach a child different things.
- Support for child: Having two parents can mean more support for the child.
What courts try to do:
- Keep contact: Make sure the child stays in touch with both parents.
- Fair time: Try to give both parents fair time if it is safe.
- Child’s best: Always think about what is best for the child.
Example from life: Even though Maya and Ben argued a lot, the judge told them their son, Leo, needed to spend time with both of them. The judge said this helps Leo feel loved and secure. The court made a schedule so Leo could see both Maya and Ben regularly.
What if a parent violates a court order about the child?
Going against the order: The moment you decide to go against a court order about your child, you are taking a big risk. This is because you are doing something that could harm the child’s bond with the other parent.
Need strong reasons: If you do this, you must have very good, real proof to show why you did it. If you have this proof, the court might agree with you. If you do not, the court will likely agree with the other parent and you could face contempt.
If you break a court order:
- Have solid proof: You need real evidence for your actions.
- Court will check: A judge will look very closely at why you did it.
- Big results: The outcome can be serious if you had no good reason.
When the court might understand:
- True danger: You had clear proof the child was in real, immediate danger.
- No other choice: You had no other way to protect the child at that moment.
- Acted fast to fix: You quickly tried to tell the court or get help.
Example from life: Sarah did not let her son go with his father, Mike, for his parenting time because Mike’s house had a gas leak that day. Sarah had a text from Mike admitting the gas leak and a report from the gas company. The court understood why Sarah acted to protect her son.
What else to know
Thinking clearly in tough times: When parents are upset, it is hard to think clearly. But decisions about your child and court orders must be made with a cool head. Acting out of anger can cause more problems than it solves. It is always best to try and follow the court’s plan.
Getting legal advice is smart: These situations are not easy. If you are not sure what to do about parenting time or a court order, talking to a Michigan child law attorney is a very good idea. They can explain the rules and help you make the best choices for you and your child. Remember, there are reasons to deny parenting time, but they must be valid as explained in this video about reasons to deny parenting time.
Frequently Asked Questions:
1. Can a dad just decide mom can’t see the kids?
Usually, no. If there’s a court order for parenting time, he must follow it unless there’s a true, provable emergency about safety.
2. What is a court order for parenting time?
It is a legal paper from a judge. It says when each parent has time with the child and who has the main care of the child.
3. What if we don’t have a court order?
It’s best to try and agree. If you can’t, one parent might try to stop the other, but this can lead to court action to get an order.
4. What does “contempt of court” mean?
It means you did not follow a judge’s order on purpose. This can lead to fines or other penalties.
5. Can I stop parenting time if the other parent is drinking?
You can if you truly believe the child is in danger and you can prove the other parent is drunk. But you must be very sure, as you risk contempt if wrong.
6. What proof do I need to stop parenting time for safety?
You need strong proof like a witness, a police report, photos, or videos. Just your opinion is not enough for the court.
7. Why does the court want my child to see the other parent?
Courts usually believe it is good for children to have a relationship with both parents. They want to protect that bond.
8. What if I think the parenting time schedule is bad for my child?
You cannot just change it yourself if it’s a court order. You must ask the court to change the order by explaining your reasons.
9. What is an emergency order?
It is a quick order from a judge for urgent situations. For example, if a parent is wrongly denied their court-ordered time with their child.
10. Does the lawyer get in trouble if I break the court order?
No, you are the one who must follow the order. If you break it, you are the one who could be held in contempt.
11. What happens if parents just verbally agree on child time?
Verbal agreements can work if parents agree. But if one parent breaks the promise, it’s hard to enforce without a court order.
12. Should I call the police if parenting time is denied?
You can call them to make a report that the order was not followed. But police usually say it’s a matter for the family court to solve.
Need help with your situation?
Figuring out rules about children can be hard. If you have questions about parenting time or a parent denying access to a child, it is good to get help. The lawyers at Goldman and Associates can listen to you and explain your choices.
Contact us today:
Reach out to Goldman & Associates for guidance on your family law matter.
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