Legal Question in Family Law in Virginia
child support and visitation
My kids father is trying to get visitation rights but i dont think he should be able to bc hes not supporting them, he doesnt pay for anything and when i was allowing him to see them he only saw them once a week for a couple of hours. I stoped him from seeing them b/c he stop paying for things. He is now living with a new girl and has another baby with her i dont want my kids staying over there. our 1 year old is scared of him because he doesnt know him and when he comes around he cries. he didnt want my 1 year old and we got into a physical fight over it while i was pregnate where he went to jail. im applying for child support and even though he works (maybe 2 jobs) he says ill only get $75 out of him to take care of the 2 kids we have (i guess b/c he has another baby thats why he thinks that).is there anyway for me to get more money and for him to have less time with my kids?
2 Answers from Attorneys
Re: child support and visitation
Child Support is governed by Virginia Code Section 20-108.2. You can also figure out proper child support by using the calculator at ChildSupportGuidelines.com Click on Virginia. You need to know his income, your income, the amount of health care paid for the child and the amount of any work related child care paid. This is the formula the judge will use.
A judge will order visitation which is in the child's best interest. You will not be able to shut him out but he is only worthy of the level of visitation that he shows himself worthy of. He needs a clean safe environment for them. He needs to be in control of himself and not a criminal or drug addict.
Your point that he doesn't pay his child support is a factor but not the deciding factor in how often and under what circumstances he'll be able to see them.
My advise is to hire a very good lawyer who will make sure the judge knows everything about him and his history that the judge needs to know.
Good luck.
Re: child support and visitation
Under applicable Virginia domestic relations law, the right of a noncustodial parent to have visitation with his or her child(ren) is unrelated to the noncustodial parent's record of paying child support.
The two issues, legally speaking, are simply separate and apart, and the failure of a parent to perform one(pay child support) cannot be adduced as evidence in the appropriate court to show why the same parent should be deprived of
his or her right to have visitation rights with
her or his child(ren).
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