Question by crikett_ford: Do I have legal rights to not let my ex-husband see my kids if he doesn’t pay his child support?
Just to get the story straight, he is a convicted felon who was just recently kicked out of rehab for drug and alcohol abuse. He hasn’t cared to see my oldest child for 3 years and has never seen my youngest child (so I hope you see why I am apposed to him seeing them). Besides that, since the court order (about a year ago), he has not paid a dime in child support.
Best answer:
Answer by Obamavenger
You can’t hold the children for ransom.
Give your answer to this question below!
6 ResponsesLeave a comment ?
I think that you have to take him to court to fight against that. But I sympathize for you!!!!!
You can bring him to court and have his visitation rights revoked, and place a restraining order.
You can’t deny your ex-husband visitation just because he doesn’t pay child support. But, you can bring him back to court and have your LAWYER seek to have him placed in contempt-of-court. Perhaps a little jail time will get his attention and he will decide to pay up. And at the same time, ask the judge to have your ex’s visitation turned into “supervised only” and subject to random drug and alcohol testing based on his being kicked out of rehab. With any luck, the judge will stop visitation, but more likely, it will become “supervised only”. And if your ex has a drug problem, I doubt he will insist on exercising his right to visitation if he knows he could get busted for illegal drug use. Good luck and God bless.
*****
Addendum: Make sure that you don’t make this an issue of “no pay child support = no visitation” as the judge won’t like that. Make it an issue of his illegal drug use and being kicked out of rehab. Judges do understand safety issues.
Be very careful. You can not stop him legally. My ex lost her 11 month every weekend to a (possible)child molester. She explained to the judge why she didn’t want him to have it but you can not ask a judge to commit a crime. Sure enough 2 years later he was being molested and by 4 years old the court did stop it.. but the damage was done.
Only thing you really can do is move, or only allow restricted supervised visitation. You have to write a letter to the judge(court) explaining the history of the child and the father. Then explain how you can not trust the father and would only allow supervised visitation. Personally I would move several states away and wait year or 2 and then go for abandonment.
Hi, In every state in the U.S. the courts do not allow denial of visitation for non payment of support. You can be found in contempt and sanctions may be imposed on you. However, in order to remedy your problem, you need to immediately, go to the clerk of courts in your area and get the forms to modify visitation, file contempt for non payment of support and possibly custody if you don’t have sole custody. You can take any documentation you have regarding his drug use and incarceration etc. as proof that the courts should grant supervised visitation. They rarely prohibit a father from seeing his children. However, if he ever showed up for visitation drunk, under the influence of drugs or in any condition that would put the children at risk you have the right to refuse visitation but, only on those grounds. If he were to report it to the court, you would have to have proof of his condition. You could try to abolish his parental rights. In some states, if the parent has not taken advantage of visitation and has not had an on going relationship with the children the courts will terminate their rights. Some states will still require the parent to make support payments. Filing a petition on your own, pro se, is a very simple thing to do. The forms are simple to fill out. The clerk will tell you everything you have to do. Good luck!! JOSA
I certainly understand, but no, you do not have the legal right to withhold your children from visitation with your husband, because it would put you in violation of the court order.
You do have the legal right to return to family court in an effort to have the order revised, and I hope that you do, because if I were in your shoes, I would be unhappy too.