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

Q: Is it possible for my son’s father to get visitations removed?

I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept same orders he should’ve had 79 visitations yet he only has 8. Now he is sending me to court once again because child support contacted him and tried taking from his check. So the way I see it is that he is more concerned about his check getting deducted rather complying with visitation with child. Also he has not provided for my child since 2019. So it possible to not get child support but also remove him from getting visitations?

2 Lawyer Answers
Robert Martin Daniels
Robert Martin Daniels
  • Escondido, CA
  • Licensed in California

A: If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).

Child support is separate. Case law requires the court to calculate the time split for child support purposes based on the actual amount of time each parent has the child; not what's written on paper. So your time split is probably 99/1. He is unlikely to get more time than what he has not since he has not exercised visitation over the past couple years, so his efforts to get child support reduced will probably fail.

Waiving child support in exchange for zero-contact is something you and Father can stipulate to, but I don't see a judge ordering that without both of you agreeing. Also, if either one of you were to change your mind down the road, a court would revisit custody/visitation/support. You can't make those waivers permanent.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, child support and visitation rights are treated as separate issues. This means that even if the father is not paying child support, it does not automatically eliminate his right to visitation. However, his failure to utilize the court-ordered visitation times could be a factor the court considers in any modification proceedings.

If the father is consistently failing to exercise his visitation rights, you may petition the court to modify the visitation order. The court will look at the best interests of the child, including the nature of the parent-child relationship and the father's commitment to spending time with the child. The court’s primary concern is the child's well-being and stability.

It's also important to note that the father's actions regarding child support can be addressed separately through the child support enforcement agency. If he is seeking to reduce his child support obligations due to financial changes, the court will evaluate the necessity based on his current financial situation. Regardless, his financial obligations to support the child remain, independent of his visitation rights.

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