“My ex refuses to let me see our son, she also refuses to let me talk to our son. I have not been able to see him for well over two years at this point. I pay child support through deductions from my weekly paycheck.

I am in arrears, but I do have the right to talk to my son and see him.

Can I sue for pain and suffering damages? This is causing a massive strain on me personally. This is the second time now that I have been refused my rights as a parent to see my child.”

You are absolutely right that your being in arrears on child support should have no bearing on whether you can see your child. Indeed, if you have a court order for timeshare with your son, if your ex refuses you access, you have a strong case to bring to the Court. In many states, this is in fact considered parental kidnapping.

You do not need to sue for pain and suffering, even if you could. You simply need to go back to the Court which issued your order for timeshare (visitation) and file an Order to Show Cause (OSC) letting the Court know that she is interfering with your visitation.

If you don’t already have such an order, then you need to get one, and pronto.


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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.