Custodial Parent Limit Visitation if They Don’t Receive Child Support?
A custodial parent is legally required to make the children available for visitation with the noncustodial parent. Parents are expected to use common sense and cooperate, for example, when the children are sick or injured.
If the noncustodial parent doesn’t pay child support or a parent with joint custody suddenly doesn’t meet his or her obligation to your child, a Brooklyn family lawyer acting on behalf of you and your children can file a petition to the court. The judge can order the defendant to pay child support or prosecute the delinquent parent for nonpayment of support under New York criminal law. If they refuse visitation, they need to be prepared to defend their position in court.
Brooklyn Divorce Attorney
Divorce is challenging, and your spouse, until death do you part, is not going to give up without a fight. The best interest of your children is paramount in custody and visitation matters. If your ex-spouse is not paying child support, what is the real issue? Has the noncustodial parent offered an alternative? What circumstances have changed? If your child’s relationship with each parent is good, maybe you should consider keeping this difficult time without child support amicable. It is always best to consult a family lawyer on issues of child support and visitation.
If your ex-spouse has remarried but recently lost a job, has he asked to help with childcare until he returns to work? Has he offered to help in other ways? A Brooklyn family lawyer can evaluate what is in the best interest of you and your children. If the situation is already strained, perhaps an order of protection is an option. Divorce isn’t over when the court order is signed. Both parents have equal rights, and financial obligations are not limited to child support. Your Brooklyn divorce attorney, acting as your advisor, can help you decide what is in your best interest.
Levitsky Law Firm
Contact the Levitsky Law Firm for a free consultation. Our family law firm represents clients during and after divorce in matters of child custody, support, and visitation. Our lawyers can modify existing court orders, file for necessary protective orders, and help fathers establish paternity.