Q: I just filled for child support and finally have a hearing next month. My sons father signed the birth certificate
Hasn’t seen my son in months now he got served with hearing papers he’s asking to see my son and take him every day. Is he doing this to avoid paying support and say that he’s with my son all the time. Can I with hold visitations while going thru support hearing.
A:
Generally no. You cannot withhold visitation based on non-payment of child support. The law favors co-parenting and each parent being involved in child’s life. The presumption is equal parenting between parents, absent a showing that it is not in the best interests of the child.
Keep in mind, the court dealing with child support often does not have anything to do with establishing parenting time. If you haved filed through a state agency for child support, that court’s jurisdiction is likely limited to child support matters.
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