Question:
My ex has been inconsistent with letting me see our child because she apparently is under no legal obligation without a court-ordered custody arrangement.
What options are available to a father to see his child if there is not a custody order?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Maryland child custody laws where I am licensed to practice.
In most jurisdictions, if there is no custody order in place, both biological parents have equal custodial and access rights to their child. The parent with whom the child primarily resides cannot deny the other parent of his visitation rights with the child.
If the parents have decided to follow an agreed-upon visitation schedule, it is important that both parents consistently follow the established schedule.
If the other parent refuses to follow the visitation schedule, the parent who has been denied visitation should keep a diary and/or calendar and make note of every instance where scheduled visitation was denied. These records may be helpful in a future custody proceeding as it may show that one parent was unable or unwilling to provide consistency for their child.
If the parents have not agreed to a specific visitation schedule, the parent seeking to enforce his visitation rights may demand that the parents begin following a regular visitation schedule. By starting and following a set schedule, this will help establish the status quo and help prevent the other parent from denying visitation in the future.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Maryland Divorce Lawyer Jeff J. Kim, please contact Cordell & Cordell.
