Springfield, MO asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri

Q: Non custodial parent stopped paying child support for past 2 months. Owes back pay also, can they have rights terminate

Non custodial parent has lived out of state now, for past year and half and Barely sees child. When he does it becomes a toxic environment for both custodial parent and child. Parents were never married and do not have any other court orders besides child support. The non custodial will not let the other parent know why he has stopped paying nor where he lives currently. When he does come into town to see child, its last minute, and at very demanding times, that do not work for either the custodial parent or child. Non custodial parent has been abusive towards custodial parent in the past, to where it has affected them mentally and emotionally. Custodial parent now feels like it is unsafe for their child to be around the other parent and has denied non custodial a visit recently. Custodial parent just wants child to have healthy boundaries and feels like non custodial is not doing that. Is custodial parent in the wrong from keeping child away until there are changes?

1 Lawyer Answer
Lydia Seifner
Lydia Seifner
  • Divorce Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: If you were unmarried when the child was born, and have never had the father's rights declared in court with an enforceable visitation schedule, then he does not currently have rights to the child. You may deny visitation.

Be aware that at any time, he may seek a paternity action to establish custodial rights and visitation through court orders. However, if he does that, then you can work out a visitation schedule that actually accommodates you, instead of whenever he happens to show up. Keep a record of all his interactions with you and the child, and speak to an attorney local to you about seeking an enforceable visitation schedule.

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