While it may be very tempting to alter or terminate your former spouse’s visits with your child because you are frustrated that he or she isn’t paying the child support owed, you are not legally justified in withholding visitation. In the eyes of the law, child support and visitation are two separate considerations. The right to visitation is not conditional on the payment of child support. The best interests of the child which includes maintaining positive relationships with both parents are paramount. Visitation is a child’s right, while financial support is the parent’s responsibility.
You may seek sanctions against your former spouse for failing to meet his or her child support obligations. Please contact usfor help with your child support and custody issues.
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