Okay so i have visitation on the weekends and my ex is denying visitation due to the fact that I'm behind on child support. She made it real clear that if I don't pay the amount i owe in full, I won't be able to see my child. I know she has no right to do this but I would like to go after custody for this. This is going to be the second week she is denying visitation to me. What can I do to help get the judge to change custody?
Answer
Even though you are not up to date on child support, this is a separate issue than visitation.
A parent cannot deny visitation for non payment of child support.
You should petition the court for a violation of a court order, and the sanction you would seek is a change of custody, legal fees, and in the alternative of a change of custody increased visitation and a make-up of all times lost.
I doubt if you will obtain a change of custody on the first violation, but each time she denies you visitation you have a right to file a new petition. The court may get sick and tired of her non-compliance of its own orders, that the only remedy the court can give is a change of custody.
Jefffrey A. Lazroe, attorney at law, 37 Franklin Street, Buffalo, New York 14202
1-716-856-8811
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