Legal Question in Family Law in Oregon

parental child visitation rights

what rightws does the father of a child have when he is paying child support


Asked on 1/29/09, 9:32 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: parental child visitation rights

A fit father has the right to visitation whether or not he is paying child support, under Massachusetts law. Massachusetts tries to keep these two things as separate as possible.

Stated another way: No custodial parent has the right to keep a child from the other parent if the other parent is fit. If there is a visitation order, it is separately enforced. Non-payment of child support does not provide an excuse to disobey the visitation order.

As you state that you are paying support, this is a non-issue. If you have a court order for visitation and it is not being obeyed by the other parent, you should file a contempt.

The difficult warning is that there is a point at which children grow large enough and independent enough to decide for themselves that they won't get in the car, or on a plane, etc. At that point, the courts have to give some way, because delivering the child to visitation in handcuffs and ankle restraints is not considered a good start to visitation. This is of course exaggerated, but that is the essential point.

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Answered on 1/30/09, 6:56 am


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