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If the father is not paying child support, does he have the right to visitation?

I have a friend going through this and this is the question she has. He hasn't paid any child support and their son is now 3. She has tried to go to court over this and he just doesn't show up. There are a lot more details but I don't want to disclose more about her life. I told her I would try to find out the answer to this question. Thanks for any and all help. She lives in Virginia if that matters...

 
jmetz4

Asked by jmetz4 at 11:27 AM on Nov. 15, 2009 in Preschoolers (3-4)

Level 8 (208 Credits)
This question is closed.
Answers (8)
  • If there is no visitation order and she has gone to court for visitation but he is the one not showing up then he has no right to visitation. Visitation and support are two different legal things so if there is a visitation order she needs to stick to that even if he is not paying support, but no order, no visitation if he really wants to see the child he will show up at court!
    goaliemom93

    Answer by goaliemom93 at 11:40 AM on Nov. 15, 2009

  • YES, visitation rights are not contingent on child support payments.
    Anonymous

    Answer by Anonymous at 11:29 AM on Nov. 15, 2009

  • Well here is the thing, probably she doesn't want to allow him to see the kiddo, but I guess it is not the childs fault dad is a deadbeat. Visitation has nothing to do with child support payments, most states will suspend driving priv. for failure to appear in court over chld support, the state should be able to garnish his wages without his appearance, wish her well!
    kimigogo

    Answer by kimigogo at 11:33 AM on Nov. 15, 2009

  • She has also gone to court over visitation and he doesn't show up. What then? Is there a default visitation rule? Or is it left up to her in that situation? She is going to try to call legal counsel tomorrow to find out but I figured I would ask...
    jmetz4

    Answer by jmetz4 at 11:34 AM on Nov. 15, 2009

  • Visitation, child support, placement (where a child's address is) and custody are all separate issues. A mom or dad cannot by themselves deny visitation because of support issues. For me I have joint custody but physical placement and receive child support. What this means is my ex can take kids to the doctor, be at their school and have say in things that they do (even though he leaves it up to me anyway), but the kids legally live with me and he pays support to me. He takes them every other weekend as his visitation.
    officerjoeys

    Answer by officerjoeys at 1:28 PM on Nov. 15, 2009

  • One doesn't have anything to do with the other but she needs to talk to a lawyer.
    Anonymous

    Answer by Anonymous at 1:52 PM on Nov. 15, 2009

  • YES, he does. Child support and custody/visitation are 2 separate issues. If someone keeps a child from a parent, they can be jailed for contempt of court. It is right in my court documents that if I don't allow visistation, I can be jailed for up to 6 months. I am grateful that I don't have that issue, my sons sperm donor decided he doesn't want anything to do with my son. He does pay child support.
    tyfry7496

    Answer by tyfry7496 at 7:29 PM on Nov. 15, 2009

  • I dont have that problem myself but I would still let the childs father see her. regardless owing child support or not. Time is more important than anything. i know we have to take care of our children regardless and no its not fair, but I wouldnt keep my child away from her dad even if he is not paying child support.
    rosesrred1

    Answer by rosesrred1 at 6:34 PM on Nov. 17, 2009

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