Escondido, CA asked in Child Custody, Child Support and Family Law for California

Q: How likely is it for a father to get custody of his children if he has not paid court ordered child support?

The children are 8 and 12 and the father has never been a big part of their life. Has never showed an interest in having custody of the children. Has only paid for court ordered child support 5 months in 8 years.

1 Lawyer Answer
Joseph Torri
Joseph Torri
  • Riverside, CA
  • Licensed in California

A: The more significant reason is most likely not being involved and never showing an interest in the children. The children are older now and that has some weight. The court may order therapy, etc, prior to ordering custody. The court may order supervised visits to begin a visitation schedule. These cases require a fact-sensitive analysis. Simply not paying child support is not a strong position to prevent custody.

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