If you do not have a Court Order that addresses child custody and child visitation then you will need to file petitions in the appropriate Court. At the same time that you file your petitions for child custody and visitation you can file Motions of Pendente Lite Relief for child custody and visitation as well.
Due to the fact that Courts were backed up prior to the start of the pandemic and since then have only become more backlogged, most Courts allow for Pendente Lite Relief or Temporary Relief. Depending on if you are in Juvenile and Domestic Relations Court or Circuit Court, because of a Divorce, most Courts allow for a temporary hearing to be had to establish some kind of child custody and visitation order prior to the final hearing so that you don’t have to wait months to see your child/children.
If you already have a Court Order that addresses child custody and child visitation and the other parent is not allowing you to see your child/children pursuant to the Court Order then you can file a Rule to Show Cause. A Rule to Show Cause is a Motion that is filed with the Court where your Order was entered to have the Court hold that person in Contempt of Court for violations of that Court’s Order.
In order for a person to be held in Contempt of Court for violations of the Court’s Order, you must show that the other parent willfully violated the Order of the Court.
If the Court finds that the other parent is in Contempt of Court for violations of the Court’s Order, they have a wide discretion of power as to what sanctions they may impose. The Court could award you your attorney’s fees and costs, modify custody, modify the visitation schedule, or even place the other parent in jail.
