Myth: It is okay for me to deny visitation to the other parent if they are not paying child support. I should not have to let the other parent have the child if they are not contributing to their care.
Truth: Child support is completely separate from visitation. If a parent fails to pay their child support that does not mean that you can withhold the child from them. They have a right to see their child whether or not they are current on their child support, daycare payments or payments for sports and extracurricular activities. The courts look at what is in the best interests and wellbeing of the child. It is in the best interests of the child that they have interaction with both parents.
Parents also are not allowed to talk about the fact that one parent is not paying support in front of the children. You must always be aware of the best interests of the children. The courts have remedies for collecting unpaid funds so utilize those to address the issue. If the other parent is behind in their child support obligation, the State of Washington can garnish their wages. You can also ask the court for a judgment for the unpaid expenses.
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In order to deny the other parent visitation, you must prove to the court that it is in your child's best interests to do so. You cannot deny visitation to the other parent unless you have the approval of a judge. Call Molly B. Kenny at 425-460-0550 or fill out our contact form to schedule a consultation.