Q: I'm the sole parent. My ex has never had a relationship with our 9 yr old son. Does he have visitation rights
My ex husband did not appear for the divorce. He refuses to pay child support. I've been after him since our divorce to have a relationship with our son. He finally made an effort about a year and a half ago. He met our son, and would see him occasionally, always with myself present. Mind you, my ex husband never sent bday cards etc. My son has stated he's not comfortable alone with him, and never asks about him anymore. The only reason I tried so hard to get my ex husband in my sons life was because my son was distraught at not knowing his father. Well now that he knows him, he never wants to see him or talk to him. Recently my ex husband's new wife confided in me that he was hitting her. Now they both claim that's not true, and he claims he has visitation rights. In the divorce decree I am the residential parent, and no visitation schedule was put into order.
A: Parents don't have the choice to refuse to pay child support. If the court has ordered it to be paid, then file a motion with the court to have him found in contempt and to pay any past due amount. Check if there is visitation or parenting time in the parenting agreement - that would have been attached as part of the divorce decree. Talk to your divorce attorney or use the Find a Lawyer tab.
A: Read your divorce decree carefully; if your ex has visitation rights they will be spelled out there. If he truly has no court ordered parenting time, he would have to petition the court that granted the divorce for parenting time. You have expressed a number of arguments that would be appropriate to raise in court. You will need an attorney. As to the child support matter, if he is ordered to pay and is not, I recommend hounding your CSEA until they do their job and file a show cause (contempt) action against him. That of course could motivate him to seek parenting time through the court.
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