During most divorces, child custody and visitation are primary concerns for both parents. Family law requires the courts to make decisions about visitation that are in the best interests of the children. To protect your rights to child custody and visitation near Cumming, hire an experienced family law attorney to handle your case. Here are the answers to some common legal questions parents have regarding child visitation.
Can My Ex-Spouse Have Visitation Without Paying Child Support?
Child visitation and child support are treated as separate issues under family law. You cannot withhold visitation for failure to pay child support without going back to court to have the visitation schedule amended. If you are not receiving child support payments as ordered, talk to your attorney about your legal options. However, independently changing your visitation schedule in retaliation for non-payment could hurt your case if you have to return to court.
Can I Prevent My Ex-Spouse from Having Visitation?
Usually, the courts emphasize preserving the relationship children have with both parents. However, if it is not in the best interest of the children to see one parent, the courts may prohibit visitation. This decision usually only occurs when there is a substantial danger to the children from the parent. For instance, if you can prove that your spouse has a history of abuse or has a lifestyle that could endanger the children, the court may withhold visitation or order supervised visits. Your family attorney can help you understand your options if you are concerned about your children’s welfare.
What Happens If My Ex-Spouse Skips Visitation?
If your ex frequently skips his or her visitation times, then you can request that the visitation schedule be modified. However, while you may wish for visitation to be terminated on these grounds, courts generally like to look for ways to bring the parent back into the children’s lives rather than creating more distance. Keep in mind that you cannot choose to change or withhold visitation based on skipped visits. All formal changes to visitation schedules must be made through the court system.