In child custody cases, child support and visitation are two crucial elements. It may be difficult to think of them as two separate issues, but the truth is that they are. If you do not pay child support, it cannot affect your visitation, just like paying child support will not provide you with more visitation. Here is what you need to know about each.
Visitation Rules
When there is a parenting plan, visitation cannot be withheld. It does not matter what reason the custodial parent has. If the noncustodial parent misses child support payments, the other parent is not allowed to take action. In fact, he or she may be in trouble if he or she withholds visitation. The custodial parent has to go through the court system when child support payments are being withheld. He or she cannot alter the visitation schedule.
Visitation Retaliation
Visitation is not supposed to have anything to do with child support. If you do not pay child support, then your partner is not allowed to withhold visitation. In some instances, this is exactly what the other parent might try to do. When it comes to child support and child custody, people often make emotional decisions. The truth is that your child support payments and your visitation rights are two separate issues. Now, to not pay child support is against the law, but it is not the same issue. Your child support payments do not affect visitation.
Visitation Disputes
A visitation dispute can get messy fast. If your former spouse has been withholding visitation as a form of retaliation, you might feel like you are owed more time. While your children’s other parent cannot withhold visitation from you, it can still occur and you may think about taking matters into your own hands.
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The law does not allow for parents to make up for lost time with their children if the other parent breaks the parenting plan. You still have to abide by the strict wording of the parenting plan. If you decide to keep your children longer than you are allowed to, then the other parent can press charges. The courts would view keeping a child longer than the time allotted as kidnapping.
When it comes to child custody and visitation, emotions are often high. People may make rash decisions without thinking about the consequences. This could wind up hurting a parent’s case or making it even more difficult to have visitation time. It is a far better solution to discuss your options with a child support lawyer, like a child support lawyer from the Law Office of Daniel J Wright. Set up a consultation today to find a way around visitation disputes.
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