Legal Question in Family Law in California
Can a parent refuse visitation?
Can a parent who has physical custody of a child refuse to grant visitation (which is granted in custody documents) to the other parent (custody is set at 80 percent to 20 percent) because of neglect to pay child support due to loss in wages.
2 Answers from Attorneys
Re: Can a parent refuse visitation?
A parent cannot unilaterally stop visitation by the other parent. The exception would be if allowing visitation would place the child in danger. Such as the parent coming to pickup the child under the influence of alcohol or drugs.
Child support and visitation are unrelated, except for the purpose of determining the amount of support. The parent that withholds visitation because support is not being paid is courting trouble.
Re: Can a parent refuse visitation?
Absolutely not. The two existing court orders regulating both areas of your question are not dependent upon one another. Meaning, you may NOT defy the court ordered visitation stipulation in retaliation for your ex's failure to pay child support, regardless of the circumstances. Your BEST option instead would be to retain counsel to try to enforce the payments on your behalf thru proper legal strategy. If you would like further, affordable assistance in this important matter, contact us directly.
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