top of page

Can My Ex Keep the Kids from Me Without a Court Order?

  • Writer: Michael Capleone, Sr.
    Michael Capleone, Sr.
  • Apr 17
  • 1 min read

Updated: 7 days ago

If your ex is refusing to let you see your child—and there’s no court-ordered custody agreement in place—it can feel like you're stuck in limbo. The truth is: without a custody order, things get legally murky. Know your rights, whether you're married or unmarried.


If you're a married parent, most states view both parents as having equal rights to the children—until a judge says otherwise. If you're unmarried, especially as a father, you may have to legally establish paternity and file for custody before your rights can be enforced.


Your ex may be violating your rights by withholding the child, but without a court order, law enforcement usually won’t step in. The court, however, can and will intervene if you take the proper steps.


Start by documenting every incident and avoiding confrontation. Contact a family law attorney immediately. They can help you petition the court for custody or visitation rights and guide you on filing contempt actions if a custody order already exists.


The bottom line? Don’t wait for things to get worse. The sooner you act, the sooner you protect your time with your child—and your peace of mind. I've written a guide explaining the legality, your rights, and what you can do Now! This guide will give you a better understanding of your rights.




Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is unique. For legal guidance tailored to your situation, please consult an experienced family law attorney licensed in your state.

Man in sunglasses, white shirt, and tie holds a jacket outside a glass building. A sign warning is visible. Sunny and formal.
Attorney Michael Capleone

bottom of page