Legal Question in Family Law in Virginia
My boyfriend has been divorced for three years now and recently for the past 3 months he has been denied visitation of his 5 year old child because the mother just decided thats what she would do. He currently has to pay child support and alimony but not through court. They set it up as personal payments. If he stops paying child support and alimony and eventually is taken to court. Is there a way she can prove child support was not paid? How can refusal of visitation be stopped when you have no control over if the mother actually lets the father have visitation?
1 Answer from Attorneys
Fairlure to pay child support is no defense for a parent who claims he/she has been denied visitation.
The remedy for the parent deprived of his /her right of visitation is to take the offending parent back to court on a RULE TO SHOW CAUSE--as to why the little SOB should not be found in contempt of court and sanctioned accordingly.
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