Do visitaion right overule child support obligation?

UPDATED: Oct 1, 2022

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Do visitaion right overule child support obligation?

My spouse and I are separated and I am in the process of filing divorce papers. He has no given any monetary support nor consistent visitation for our children in one year. Now that the court will be involved from this point he wants to start getting the kids but has yet to speak on financial support and I wanted to know if I am mandated to allow visitation in spite of this?

Asked on March 26, 2018 under Family Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Visitation and child support are separate issues.  You cannot deny visitation because child support has not been paid.  Therefore, your ex has a right to visitation.  Both you and your ex should agree to a schedule for visitation.  If no agreement on a visitation schedule is possible, a mediator can work with both parties to set up a mutually agreeable visitation schedule.

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