Many people will connect child support and visitation as if they are one in the same issue, but this is very far from the truth. A parent may say that they are “not in the position” to pay and you may think that this affects their ability to parent, but the two issues remain unrelated in the eyes of the courts and you must remember this even if you are in the middle of an ugly divorce. It is considered to be in the “best interests of the child” for both parents to have a relationship with the child or children unless the circumstances surrounding the case say differently. A father has a right to raise their children simply because they are the child’s father.
Enforcement and Modification
When a father is denied visitation to his child over support payments, this does not mean that he should stop making support payments altogether. A father would not only be putting his child in financial strain when they are lacking the help, but they will also be in violation of the child support order. When this happens, a father may face severe penalties such as wage garnishment, interception of tax refunds, property liens, and more. The mother is in violation of the custody order if she refuses the father to see their child. The court is the only one who can make decisions about this situation.
If a father is repeatedly denied visitation solely over child support matters, he could request a modification of an existing custody order to restore rights. The court will allow this if there is a significant change in circumstances or a good reason to move forth, such as being denied time. The court will take into consideration the fact that the mother was denying time and make a decision based off of what they find.
Why You Should Never Relate Visitation to Child Support
Relating visitation and child support is a big mistake because of the fact that the two are so vastly different. Here are some of the biggest reasons why this is a mistake:
The children should never be left to deal with these issues: A child always retains the right to see their father. If they are denied that time, they will only suffer – and why? For child support issues meant to stay between the two parents? Children would be devastated if they were denied time with a parent over an issue that they could not even fathom at a young age. This is the very reason why the court system continues to encourage co-parenting and visitation for fathers and their children. They will always be the father, no matter if they pay child support or not.
There are strict laws about enforcing child support as is: The courts already believe that fathers should be paying child support, which is why they have instilled harsh penalties on fathers who do not. You must rely on Child Support Enforcement to enforce payment under all circumstances and never “take it in your own hands.” This will only come back on you and you do not want those repercussions.
There are no laws enforcing visitation: The father can choose whether they see their children or not on their own time. However, the courts believe that taking away visitation time due to fathers not paying would only damage the relationship that a father can have with their child. This may be a struggle to you and your child, but you just have to rely on the system.
The systems of visitation and child support are in place to help guide you and your family into better decisions. Hopefully, you can take some of these tips to heart and make the realization that the two are not related but that it is extremely important for a child to have a relationship with both parents.
