The child has the right to both visitation and child support. Visitation with both parents is considered to be in the best interest of the child.
If a parent has not paid child support, the child still has the right to visitation. A custodial parent can't deny the non-custodial parent the right to visitation just because there is unpaid child support.
1. The non-custodial parent cannot stop child support payments because a custodial parent is denying visitation. Child support and visitation are viewed as two completely separate issues in the eyes of the law. Parents don't "earn" the right to a relationship with their child by paying child support.
2. Visitation is Your Child's Right. Ultimately, it is each child's right to be able to know and enjoy a relationship with both parents. If a non-custodial parent can't afford to pay child support (for example, due to a job loss), then the child shouldn't have to "pay" by being prevented from having a relationship the non-custodial parent.
3. Financial Support is Each Parents' Responsibility. Deciding not to have a relationship with one's child, does not excuse the parent from his or her financial responsibilities
4. What You Should Do About Unpaid Child Support. If you're frustrated over unpaid child support, contact your local Office of Child Support Enforcement to open a Child Support Collection case. If the local child support enforcement office is not able to collect your child support, you could try a private child support collection service such as one of those in the Child Support Network.
5. What You Should Not Do About Unpaid Child Support. Do not fall into the trap of withholding visitations over unpaid child support. Any attempt to withhold visitation for nonpayment of Child Support could ultimately be used against you in a custody or enforcement case by the custodial parent.
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