Mother Won't Let Me See My Child in Michigan — What to Do

Direct Answer

Denied parenting time is a court order violation. Michigan gives you legal tools to enforce it — but you need to move quickly and document everything.

If the mother of your child is refusing to honor your parenting time — whether there's a court order in place or not — Michigan law gives you specific, powerful remedies. What you do in the next few days matters enormously.

If There Is Already a Parenting Time Order

A parenting time order is a court order. Violating it is contempt of court. If the mother is ignoring your court-ordered parenting time, here's what to do:

Step 1: Document every violation. Keep a log — date, time, what happened, any communications (text messages, voicemails). Screenshot everything. This record is your evidence.

Step 2: Do not retaliate. Do not withhold child support, show up unannounced, or take any action that could be used against you. Stay on the legal path.

Step 3: File a Motion for Order to Show Cause. This motion asks the court to require the other parent to explain why they violated the parenting time order. It can result in makeup parenting time, attorney fees awarded against the violating parent, and in serious cases, a modification of custody.

Step 4: If the child is in danger, file for emergency custody. If there is an immediate risk to your child's safety — not just a denial of parenting time — an emergency motion can be filed and heard within days.

If There Is No Court Order Yet

If you are not married to the mother and there is no custody order in place, the mother has no legal obligation to share the child with you until a court order is entered. This is the most dangerous position a father can be in — and the most common.

The solution is immediate: file for custody and parenting time in your county's circuit court family division. Do not wait, negotiate informally, or assume goodwill will hold. Every day without a court order is a day the other parent can restrict your access with no legal consequence.

If you are an unmarried father, you must also establish paternity before you can petition for custody. This is done through an Affidavit of Parentage or a court-ordered paternity action.

What Counts as Parenting Time Denial in Michigan

Michigan courts recognize several forms of parenting time interference:

Refusing to make the child available at the scheduled exchange time
Consistently "scheduling" activities during your parenting time without your consent
Telling the child they don't have to go with you
Moving without notice and making exchanges impossible
Using the child's stated preference as a reason to deny court-ordered time (children do not get to override court orders)

How Documented Denial Can Help Your Custody Case

Under MCL 722.23(j), one of Michigan's 12 best-interest factors is each parent's willingness to facilitate and support the child's relationship with the other parent. A documented pattern of parenting time denial is direct evidence against that factor — and courts take it seriously. In repeated, egregious cases, it has resulted in the denying parent losing primary custody.

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Frequently Asked Questions

Can I call the police if she won't let me see my child?

If there is an existing court order and the other parent is refusing to comply, police can assist with enforcement in some cases — but their involvement varies by jurisdiction and officer discretion. Law enforcement is not a substitute for a legal motion. File a Motion for Order to Show Cause with the court — that is the proper legal mechanism and it creates a record that will benefit your case.

What if my child says they don't want to come?

Minor children do not have the legal authority to override a court-ordered parenting time schedule. A child's stated preference may be considered by the court for older children, but it does not excuse a parent from complying with the court's order. If the other parent is using the child's 'preference' to deny your time, that may itself constitute parental alienation.

How fast can a Michigan court act on parenting time violations?

A standard Motion for Order to Show Cause is typically heard within 3–6 weeks depending on the county. Emergency motions — when there is immediate risk to the child — can be heard within days. Haque Legal moves quickly on these matters because delays compound the harm.