If a father fails to pay child support, can the father take him without the mother’s permission?

UPDATED: Jan 4, 2012

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If a father fails to pay child support, can the father take him without the mother’s permission?

Father does has not paid child support but wants to take him overnights. Can he do so if the mothers says no?

Asked on January 4, 2012 under Family Law, California


Stephanie Squires / SquiresLegal Services

Answered 11 years ago | Contributor

Child support and custody are two separate issues for the court.  If father was ordered to pay support and is not doing so then mother should notify the local Department of Child Support Services and see if they can help enforce the orders.  If there are custody orders in place that state when the child is supposed to be with father, then mother should not violate those orders and prevent father from having his court ordered time.  If there are no support orders and no custody orders then the parents need to either settle their differences or go to court and have the judge make orders.  The one who suffers from the parents arguing is the child. 

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