It is a common question, "Can an ex-spouse deny visitation to the non-custodial parent, if they do not pay child support?"
The short answer is No.
Whether you share custody jointly, or one of you has sole custody, you cannot deny your ex visitation with the minor child for failure to pay support or for contempt for failure to pay child support.
Family court judges in the State of Rhode Island agree on this matter, in that by denying your ex visitation on any basis, is damaging and viewed as punishing to the child. And at all times,it is the child's best interests that matter.
You do have some recourse when it comes to collecting your child support however, and may file a motion for contempt to attempt to obtain an order for payment of the arrearage. You need to be aware however, that denying even an ex visitation who has been found to be in contempt for failure to pay child support could place you in danger of being found in contempt of a court order for visitation, and in a worst case scenario situation, you could even lose custody of your child.
If you are unhappy with your custody order, or are not receiving child support for your minor child, you will need to address the matter with the Family Court for the State in which you and the child reside. A qualified domestic relations attorney can provide you with more information as well as a course of action for filing your motions and getting a hearing with the Family Court.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
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