| Child Support and Visitation are technically two | | | | if you are unable to meet a scheduled visitation, |
| separate issues, and theoretically are not | | | | or if you will be late. It might not be a problem if |
| conditioned to the other. The visitation rights of a | | | | you only missed one or two visitations, but it you |
| non-custodial parent are enforced by the court | | | | miss an entire semester because you did not |
| order in which they were recognized and specified. | | | | want to hear your ex-spouse's nagging you about |
| It shouldn't be relevant to your visitation rights if | | | | your child support payments, then this can be |
| you are on time or not in your child support | | | | interpreted by the court as you giving up your |
| payments. However, this is not generally the | | | | parental rights. This is frowned upon by most |
| situation in real life. | | | | judges. The court will most likely consider your |
| The truth, as a matter of law, is that if you are | | | | behavior as a failure to comply with your parental |
| late in your child support payments, you are in | | | | duties, a negligence on your part. |
| violation of a court order. Likewise, if your spouse | | | | If you need to bring up the fact of your |
| does not allow you visitations, he or she is also in | | | | ex-spouse violating your visitation rights by not |
| violation of a court order. If one parent wants to | | | | permitting you to see your child, this is what you |
| make an issue of the other's court violation, they | | | | need to do. First, you have to pay or arrange a |
| risk exposing their own. | | | | payment schedule of your child support. If the |
| The issue here is how are you going to get | | | | reason why you are behind in your payments is |
| access to your child, even when you are behind in | | | | because you have lost your job, bring the |
| child support. This is definitely the kind of matter | | | | termination letter. If your finances have |
| that you should want to settle with your | | | | dramatically changed, bring the evidence. You can |
| ex-spouse out of court. Like many civil, business | | | | always request a modification of your child |
| and family disputes, you will be better off if you | | | | support payments. One thing you never want to |
| can leave this one in between you two. But, what | | | | do is to stop your child visitations. Not only is this |
| if it can't be solved among us? | | | | your right, but is also your responsibility. You go |
| If your visitation rights are being denied, and it has | | | | to the place, on the date and time agreed. You |
| proven impossible to reach an agreement with | | | | knock on the door. If the door is not answered, |
| your former spouse, you will have to go to court. | | | | take note on a journal. Next, go to the closest |
| Of course, if you choose this route, you will have | | | | store in the neighborhood and get a soda, a |
| to explain why you also violated a court order. | | | | newspaper, or a pack of gum. The receipt will |
| That is why before you file a Motion for | | | | show the date and the time you were in that |
| Sanctions or a Motion Requesting an Order from | | | | location. Staple this receipt on your journal. |
| the Court to enforce the visitation order, you | | | | Keep doing this on the date and time of every |
| must do some homework. | | | | scheduled visitation. Above all I've already |
| The very first thing to keep in mind in this type | | | | mentioned, always avoid engaging in any type of |
| of situation is that if you do not show up to pick | | | | argument with your ex-spouse. If he or she |
| up your child at the place, date and time | | | | chooses to talk mean to you or in an |
| established in the visitation order without show of | | | | inappropriate tone, do this: turn around, get in |
| a justification, it will be considered as if you are | | | | your car, and leave. Make the corresponding note |
| waiving your time share. For instances when you | | | | in your journal to record the incident, and get the |
| were legitimately unable to show up for your | | | | receipt showing the time and date you were |
| scheduled child visitations, you should keep | | | | there. |
| records to document your reasons for missing | | | | Once you have arranged for the payment of |
| those visits with your child. For example, if it was | | | | your child support and gathered several of these |
| because of a doctor's visit, you need a receipt of | | | | receipts, then call your attorney and schedule an |
| your appointment; if you had a traffic accident, | | | | appointment to discuss the matter and come with |
| you need copy of the police report. The best | | | | a plan to claim your parenting and visitation rights. |
| practice is to give prior notice to your ex-spouse | | | | |