What to do if my ex-girlfriend currently has sole custody of our 2 children and does not allow me to have visitation with the children?

Visitation has been court ordered through one of our previous court battles. It worries me that she is a illegal alien and I have no way of tracking her if she flees. She does not want me to have a relationship with the children and it has been about 3 years since the last time i have seen them. I do not know what to do. I pay child support each month and I want to be able to give them more than just a check in the mail. I am currently married and have 2 children; what I would like most is that they can meet.

Asked on September 21, 2012 under Family Law, Utah


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If she is refusing to let you see your children, but you are still paying child support and know (or have an idea of) where they are at, then you need to file a motion for contempt and ask for "make-up" time in the form of extended periods of visitation.  You do run a risk of her bolting if she's an illegal, but if you want to have access to your children, it's a risk you will have to take.  The risk seems minimal considering that she's not letting you see them at all.  You don't have international issues yet, but it would be good if you could find an attorney that has experience in international family law custody matters.

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