Can I Revoke Visitation Rights if My Spouse Hasn’t Paid Child Support?
Although many clients think they can tie child support payments to visitation privileges, it is important that you understand that the one is legally independent of the other in terms of either unilaterally withholding support or suspending visitation.
Thus, for example, if one party has not received the appropriate child support payment, he or she may not independently decide to bar the other from exercising any visitation rights. There is no supportable legal foundation for such a move. In addition, such retaliation can potentially impair your child’s welfare.
Although many clients think they can tie child support payments to visitation privileges, it is important that you understand that the one is legally independent of the other in terms of either unilaterally withholding support or suspending visitation.
Thus, for example, if one party has not received the appropriate child support payment, he or she may not independently decide to bar the other from exercising any visitation rights. There is no supportable legal foundation for such a move. In addition, such retaliation can potentially impair your child’s welfare.
