What should I do if my ex-husband won't let me see the child? Here's your chance to change custody!

法律工具人
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If the other party maliciously obstructs the visitation rights, which is obviously not in the best interests of the minor children, you can request the court to change the guardianship, but it is not easy to change the guardianship, unless the other party has very obvious long-term domestic violence, abuse or serious If you neglect to take care of the situation, otherwise, it is more recommended to appoint a lawyer to assist or to do legal consultation to discuss it clearly, because the judge does not consider "your visitation rights", but "the children's visitation rights"! And this is only one of the considerations of "the best interests of minor children". If there are no other issues that clearly endanger the interests of the child, the judge may also try to avoid making the child's life a major issue.
Many people's intuitive reaction is "If you don't show me the child, I won't give you child support. " Of course we don't recommend this! Obstruction of visitation rights refers to the fact that after a couple divorces , the other party intentionally refuses to see the children, causing the children to gradually become estranged from the parties concerned. Legally, visitation rights have nothing to do with alimony . On the contrary, if you really don't pay child support , there is still a way for the other party to ask you through legal procedures , and because your behavior affects the interests of your children, it will also affect the methods to be introduced next!

Free legal consultation hotline: 0800-868-887


If the other party won't let me see the child, I will ask the court to decide the visitation right!

If you agreed on a divorce agreement before, or did not agree on visiting time at all, you must first ask the court to decide or change , and through the court decision, you have the opportunity to win half of the weekends, festivals, New Years, and overnight stays! After the court makes a judgment, if the other party is still unwilling to cooperate, after all peaceful means are ineffective, you can bring the judgment to the court for enforcement ! Therefore , usually the other party deliberately blocks the visitation rights, but it will allow the parties to get more parent-child time to accompany the children!

(Featured article: Can visitation rights stay overnight? 8 common visitation rights disputes? )


If the circumstances of obstructing visitation rights are serious, you can apply for spiritual compensation!

If the ex-husband or ex-wife maliciously obstructs the right to visit , resulting in never seeing the child, in serious circumstances, it may constitute a civil tort . At this time, you can file a lawsuit with the court and ask the other party to pay spiritual compensation . The purpose is to give The other party has increased the pressure of the other party not cooperating with the visitation rights. At present, there have been many cases of high compensation in practice.

In the case where the child is under "joint custody", if the other party deliberately hides the child, if the circumstances are serious, they can also sue the criminal law for disturbing the family and seducing or slightly seducing the crime, which is mainly similar to the purpose of spiritual compensation . The method of criminal proceedings puts pressure on the other party to not cooperate, and the purpose is to hope that the other party will not hinder the visitation rights, so that everyone can divide the labor and accompany the children to grow up together.

(Featured Article: The Pros and Cons of Joint Custody! Which is Better vs. Sole Custody? )


Obstruction of visitation rights If the interests of the children are endangered, you can request a change of guardianship!

If the other party maliciously obstructs the visitation rights, which is obviously not in the best interests of the minor children, you can request the court to change the guardianship , but it is not easy to change the guardianship , unless the other party has very obvious long-term domestic violence, abuse or serious If you neglect to take care of the situation, otherwise, it is more recommended to appoint a lawyer to assist or to do legal consultation to discuss it clearly, because the judge does not consider "your visitation rights", but "the children's visitation rights"! And this is only one of the considerations of "the best interests of minor children". If there are no other issues that obviously endanger the interests of the child , the judge may also try to avoid major changes in the child's life, such as changing guardians, living environment, etc. Therefore, only the issue of hindering visitation wants to change the guardianship , to the general public. Said to give you the opportunity to fight, but there is still a certain degree of difficulty in success.

(Featured article: Is it easy to change custody? What are some examples of success? )



Zhibang Law Firm cooperates with professional lawyers in divorce consultation , affair claims , child custody , investigation and evidence collection , and criminal defense , and is committed to helping people overcome difficulties.



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