2007-01-14 03:40:56 · 19 answers · asked by DeeAnn w 2 in Family & Relationships ➔ Family
Why would he refuse to support his kids.
Not their fault mom isn't cooperating.
Take her to court to enforce visitation.
Then if she won't comply, have her locked up and take the kids.
2007-01-14 03:44:09 · answer #1 · answered by Jack Tax 3 · 1⤊ 0⤋
Yes. A father that pays child support is allowed visitation, even if the courts have made it supervised and the mother can not just decide that the father can't see the child. That is up to the courts to decide. The father has the right to request a decrease or to no longer pay child support if he is not being allowed to see his child. Also, if there is a court order stating he is to have visitation, he can file a complaint on the mother for contempt of court for not allowing him the visitation. This is not to be considered legal advice as I am not an attorney but am familiar with laws and incidents regarding this same matter.
2007-01-14 03:47:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I dont believe this is possible since you are obligated to support the child by sheer virtue of being the father. However what you can do is take her to court to have the court enforce the visitation order, or stipulate one if none is present. In the event that she wishes you to have no contact with the child whatsoever and you agree you can have your parental rights terminated and in that case you would have no financial obligations to the child. However this is an extreme and would require the consent of both parties. Sometimes this happens when one of the parents is estranged from the child and has been for a long time and the custodial parent remarries and wishes for their spouse to adopt the child and assume all responsibility for the child in lieu of the birth parent. However since I am not YET a lawyer and family court will not be my speciality, you may want to double check the above with a lawyer. Hope this helps.
2007-01-14 03:46:51 · answer #3 · answered by ChanelGirl 1 · 0⤊ 0⤋
No. A father must support his child if an order has been placed. However, he can press charges for violation of the visitation order. The mother can be jailed for contempt of court. Request mediation by the courts. Perhaps there are issues that can be worked out. Making a child a wishbone just breaks the child emotionally.
2007-01-14 03:45:07 · answer #4 · answered by amazingly intelligent 7 · 1⤊ 0⤋
NO.The father cannot withdrawl support.It is not the childrens fault that mom is not cooperating but,the father does have rights he need's to go back to court and have the judge put the visitaion in place.Once visitaion has been ordered and the mother does not comply she can be held in-contempt of court and she could be arrested.I am a Guardian Ad Litem so I deal with this everyday.Dad need's to let the court system work for him.Dad has right's too..Good Luck.
2007-01-14 03:54:53 · answer #5 · answered by Maureen B 5 · 0⤊ 0⤋
No, but he can take the mother to court to have visitation enforced, and she can be charged with violation of a court order.
Child support is separate from visitation. Support cannot be withheld simply because visitation is being denied. They each have to be addressed separately. To withhold child support, the father must give up parental rights ... and even if he does, sometimes support is still ordered.
2007-01-14 03:45:08 · answer #6 · answered by Bad Kitty! 7 · 0⤊ 0⤋
Yes she can be taken to court for contempt of court for not allowing visitation but they will not remove the child support. The father could always fight for custody and then he can give the visitations and get the child support. Talk to a lawyer about it.
2007-01-14 03:46:23 · answer #7 · answered by unicornfarie1 6 · 0⤊ 0⤋
No. He is financially resposible for his kids no matter what. And child support and visitation are 2 differant issues. (My fiance is going through the same thing with his ex and this is what he's been told) The father can, however, hire a lawyer and take her to court and they will make her inforce the visitation or she'll go to jail for contempt of court. And if she goes to jail the kids will automatically go to the father until she gets out.
2007-01-14 04:44:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Courts look at support is for the child and is not for the custodial parent, so the court will enforce the payment of support. Courts traditionally do not remove visitation for delinquent support payments. In the same vain, they will enforce the visitation order even when the child support is delinquent.
2007-01-14 04:05:30 · answer #9 · answered by A friend of Bill W 5 · 0⤊ 0⤋
No but here in CA both are against the law. Just because a dad doesn't get to visit the child does not mean he does not have to pay child support on the other hand if a man does not pay child support it does not mean he is not allowed to visit his child
2007-01-14 03:45:25 · answer #10 · answered by 'lil peanut 6 · 0⤊ 0⤋
No. Visitation and child support are 2 different things. He can take her to court to enforce the visitation though.
2007-01-14 03:45:08 · answer #11 · answered by justme 6 · 1⤊ 0⤋