answersLogoWhite

0


Best Answer

Regardless of whether child support has been paid, the NCP has the right to visitation as it is designated in the custody agreement, even if the custodial parent has "sole custody". The father should refer to his custody order for the child(ren). Depending on the division of custody, the noncustodial parent's (NCP) can vary, but it most always is spelled out, such as just as an example- Father shall have every other weekend starting at 6pm to Sunday at 6pm and the following holidays: etc. etc..: The NCP (father in this situation) can take the issue to court to petition against the CP (mother here) for withholding visitation.

In this situation, the NCP should continue to pay the child support faithfully and punctually as while this is NOT suppose to factor into visitation, it does look good when standing in front of the judge.

User Avatar

Wiki User

16y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

15y ago

Not paying child support is not a valid reason to withhold visits from the other parent.

Not getting to see your kid(s) is not a valid reason to not pay child support.

There are many reasons a parent with primary placement may be withholding the children, sometimes it can definitely be justified in Court and a new Order can be put in place.

It all depends on the current Order, and what the circumstances are, but in general, no, a mother cannot withhold visitation whether or not the father is paying child support. But if she does, she better have a darn good reason.

This answer is:
User Avatar

User Avatar

Wiki User

8y ago

He can take it to court, but most likely if he stops paying for child support then for sure she won't let him see the child. She could also twist it around and say that hes not paying child support and that's why he doesn't deserve to see the child.

No, a father doesn't have a "right" to stop paying child support if the mother does not let a father see his child. They are separate issues. The father can only go to the court and appeal the situation. These issues are not new, and there seems to be a lot of "unfairness" associated with what can and cannot be legally done by parties in a divorce. The best counsel would include a suggestion for patience, and an unwavering vision of what is best for the child.
This answer is:
User Avatar

User Avatar

Wiki User

13y ago

Payment of child support would not be a reason to decide custody. Custody and visitation is decided by a judge. The birth certificate is also not a deciding factor either way. You have left out issues such as paternity and whether the payment of child support is voluntary or court ordered and why. The judge may take all of those things into consideration.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

He has the right to apply for visitation and custody as well and also pay child support. Just because he has never paid does not mean he has no right to see the child if that was what you were aiming at. It's what is the best for the child and courts do believe a child should have access to both parents if possible.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

Child support and visitation rights are two separate issues. You have to consider what is best for the child and most judges find it best if the child has access to both parents. He has to petition the court for visitation right and you can sue him for child support. If he is down on his luck and can't pay the child should not be punished by having the father taken away.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

If you have a court order for visitation rights or shared custody and she is breaking the court order you have to report her to the court. If you don't have such order get one. Child support order and visitation order are two separate things.

This answer is:
User Avatar

User Avatar

Wiki User

10y ago

If the joint custody order is broken that is breaking the law. Go back to court and let them know.

This answer is:
User Avatar

User Avatar

Wiki User

15y ago

Yes.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Does the father have to see the child if they will not pay child support?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

If the father doesn't see his child does he still have to pay court ordered child support?

Yes.


If the father can not see or visit the child does the father still have to pay child support if the father give up your parential rights?

No he does not because he is not the child's parent anymore.


If spouse is not child's father does he have to pay child support?

Depending on circumstances, yes. see links below


The father sees the child on the regular basis but wont pay child support?

go see lawyer


Should a father pay back child support when the mother refused to let the father see the child?

The two concepts are not related. Payment of child support is a financial responsibility. It does not depend on whether you see your children or not.


Can father relinquish rights in KY and not have to pay child support?

see links below


If the father of child gives up rights to his child in Colorado does he have to pay child support?

Yes, he can be. see links below


If a noncustodial father pay child support for a child from a previous marriage and he loses his income is the new spouse responsible for back child support?

no see links


If a father is denied visitations does he still pay child support in Quebec?

yes see link


Do you have to let father see child if he does not pay child support?

Yes. Child support and visitation are two separate issues and parent are not required to pay to see their children. However, you have the right and responsibility to pursue the child support issue. Every non-custodial parent should pay toward the support of their children. The court has many resources for enforcing child support orders. First, you need to make certain you have obtained a child support order. If the father doesn't pay you need to file a motion for contempt of court and stay on top of it. Ask the court's assistance in collecting.


In Montana if a father terminates parental rights does he still pay child support?

It's likely that the father will still owe support until/unless the child is adopted. see links


In Colorado what are the laws for a mother who has not attempted to see her child in eight years and ordered to pay the father child support?

It is just like if the father did not see the child. He would have to pay child support. Visitation and custody are 2 separate things in the court system. Whether a parent sees a child or not, support is usually still issued. If the judge signed a support order and it is not payed, that parent can go to jail for unpayed child support.