Can My Ex Keep Me from Seeing My Child Without a Custody Order?

In the state of California, if there’s no court order in place, both parents have equal legal rights to the child—even if they live separately. That means a parent cannot lawfully deny the other parent time with the child unless doing so is necessary to protect the child from immediate harm.

This often comes as a surprise to unmarried or separated parents. In California, both legal and physical custody are presumed to be shared unless a court says otherwise (Family Code § 3010). If one parent prevents the other from seeing the child, the other parent can file a motion or request for order to ask the court to set a custody and visitation schedule.

If you’re concerned about safety, you can also ask the court for supervised visitation or file for a Domestic Violence Restraining Order (form DV-100) if there has been abuse.

Bottom line: without a court order, visitation is not enforceable. Filing for a custody and visitation order is the best way to protect your parenting rights—and your child’s stability.