Does the father have to see the child if they will not pay child support?

Answer 1

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.

Answer 2

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.

Answer 3

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.

Answer 4

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.

Answer 5

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.

Answer 6

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.

Answer 7

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.

Answer 8

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

Answer 9

Yes.