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How would I get visitations revoked and second would he still have to pay child support if his visitations are revoked?
Anonymous5 views2 answers
I am a divorced mother of three who was granted sole legal and physical custody of my minor children. Since the divorce my ex husband has paid none of the court ordered child support and decides to drop by every two or three months to visit the children for a few days. These visits leave the children upset, disturbed and confused. He also has a bench arrest warrant issued in his name for failure to appear in court for child support hearing. He was granted reasonable parenting time by the court but I would like to get this revoked. First how would I go about doing this and second would he still have to pay child support if his visitations are revoked?
Answering your questions in reverse order:
First, child support is almost never related to visitation in any way. That means, regardless of whether the noncustodial parent has parenting time, (s)he still must meet his/her child support obligations.
There are some cases from (if I recall correctly) the 80s and 90s that seem to say that certain scenarios in which a custodial parent is witholding visitation *in violation of a court order,* then child support may not be required. However, I think the general consensus is that these cases are either no longer good law, or are so specific as to make then inapplicable generally.
In your scenario, the answer is "yes" he'd have to pay whatever the court has ordered him to pay.
Second, the principle I explain above works the opposite way as well. Meaning, your point that he "has a bench arrest warrant issued in his name for failure to appear in court for child support hearing" doesn't necessarily limit his right to see the children. Of course, if he is in jail, that is rather limiting.
Third, regarding visitation. You say: "He was granted reasonable parenting time by the court but I would like to get this revoked."
As an attorney, that tells me a couple things. A) that there is a custody and parenting time order in effect. B) that the court did not believe the father posed a risk to the children's physical or emotional health. Because there is an order in effect, to get that order changed you must show the court that i) there is good cause to review its order and ii) circumstances have changed significantly since that order in such a way that it is in the best interests of your children to revoke their father's parenting time. Also, the amount of time since the last order is an important factor.
That last clause is where I think you start hearing things you may not want to hear. Courts are not supposed to eliminate parent's visitation rights unless there is a very good reason. While I understand your frustration, you may accomplish more for yourself by determining whether there is a problem that can be resolved. If not, present it to the court or FOC.
Just based on odds alone, what is likely to occur is the court might order a detailed parenting plan. For some reason, some parents like to request supervised visitation even when it's not necessary. Equally flabbergasting is that courts usually grant the request "to be safe." So, one of myriad possibilities is that a court may order routine parenting time beginning with supervised time.
In my experience, with the facts you've written, you're unlikely to get his parenting time revoked. Furthermore, studies show that while the confusion and angst in the children you're witnessing is valid, it is outweighed by having both parents in their lives - even in cases in which the contact is sporadic and unreliable. Hard to believe, I know.
From a strategic standpoint, if you really believe it would benefit your children to eliminate contact with him as much as possible, you might consider "laying low," as getting the court involved introduces the possibility of his parenting time actually increasing (and becoming consistent).
In my view, parenting time should be enforced, not eliminated. I will only allow parents to use me for this goal when there are serious safety concerns. But that is my philosophy, not my legal advice.
You'll need an attorney. Your information, and therefore my answer, is not detailed enough to make a decision.
Attorney Haskell provided a very thorough response to your question. The only thing I would add is that perhaps a short period of specific and supervised parenting time might be in order. With specific parenting time, your ex-husband and children will know when the parenting time will occur. The supervision will allow an objective party to analyze the affect the parenting time is having on the children.
Brenda Richard
(248) 355-1800