Can The Custodial Parent Limit Visitation If The Noncustodial Parent Hasn’t Paid Child Support?

When a non-custodial parent isn’t making child support payments, a common, yet misguided, response by the custodial parent is to withhold visitation rights to the other parent. Especially is this is not done through legal means and simply by but preventing or not allowing the non-custodial parent to see their child. The reason that this move is ill advised is because not only is it very unlikely to get the spouse to pay, but it can also potentially backfire and have negative consequences down the road.

If it comes out that you are withholding visitation from the other parent, you are also seen as withholding visitation for the child to see their parent, and the child has every right to see their parent. The court feels that the child should not have to be punished for their parent not making support payments. Moreover, just because you are not allowed to see your child does not make you exempt from being required to pay child support. So ultimately, you are withholding visitation even while the non-custodial parent will be required to make child support payments.

Finally, it is very unwise to play the role of deciding visitation, especially in the sense that you are in any way restricting visitation, and therefore negatively impacting the relationship between that parent and the child. The court is very opposed to this, as recently there has been an increased emphasis on each parent supporting the child’s relationship with the other parent. Any act against this could become problematic down the road.