Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.