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    winkkell's Avatar
    winkkell Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 11, 2014, 03:45 PM
    Child custody
    I was awarded sole legal and physical custody back in December. My ex has hardly seen my son but maybe a handful of times. We live two hours away but I offered to do every other weekend. He never reaches out to me to plan anything so I don't go out of my way to accommodate him. He hasn't paid a single penny of child support since January and it's over $3000 he owes. I have heard reports of my son being around alcoholics and his dad doing drugs when he is there as well as the water being shut off but I have no solid evidence to prove that. I don't want my son going back there until he at least is responsible for him and pays his child support. There is no where in my custody paperwork that states I even have to give him visitation. I am assuming I don't have to grant him any visitation?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #2

    Jun 11, 2014, 04:03 PM
    Why do you believe you have a right to prevent him from visiting his own child?

    Visitation rights have nothing to do with child support issues... even if he hasn't paid a dime. They are legaly two completely seperate issues.

    Refuse him and he has ammunition to get a custody order significantly modified by the court if he tries.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 11, 2014, 05:00 PM
    If he has a child visitation order, you are suppose to honor it.

    Not paying Child support, has NOTHING. NOTHING to do with visitation, those are two separate court orders.

    Of course, if there is a court ordered visits, you have to ( or suppose to) follow the court rules.

    If he is not paying child support that is a completely different issue.

    If you can prove the living conditions are unsafe, then you take him back to court and prove it, in court and ask supervised visits
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jun 11, 2014, 05:09 PM
    So you are saying that the custody order awards you sole legal and physical and makes no mention of visitation? If that is true, then no you don't have provide it. If you do keep his child from him, it might make it easier for him to get liberal visitation. So I would keep a journal of all the request he has made and what happened when he had visitation.

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