Father's visitation rights and non-child support payment

Asked over 4 years ago - Gainesville, GA

My 7 and 10 year old are supposed to go with their father every-other weekend, but he is very inconsistent at picking them up. Sometimes he goes months without getting them, and then when he gets them he calls me constantly because the 7 year old does not listen to him or his wife. The last time they went there his wife used curse words to refer to him while his father was talking to me, and my child standing there. She has threaten to leave him if my child comes over again, so their father said he cannot come back, but they want the 10-year old to come. She placed him in storage room because they did not want to deal with him. IN addition she has slander my name and my children on Facebook. She has also called me bad words infront of them. He has not paid since April, 2009. What can I do?

Attorney answers (1)

  1. Suzanne Temple Prescott

    Contributor Level 11

    Answered . There are several issues here that need to be addressed immediately.
    1. You state he has not paid child support since April of 2009. If there is a court order ordering him to pay a certain amount every single month, you need to file for contempt of court. He cannot simply stop paying child support.
    2. You also need to modify the parenting plan and potentially the child support order. It does not sound as though the situation at the father's house is safe or appropriate for the kids. Further, if he is not exercising his court ordered visitation, you may be entitled to an increase in child support.

    You really need to speak with an experienced family law attorney in your area as soon as possible. You need to bring whatever court orders you have to the meeting. The lawyer can help you decide how to proceed.

    This is a general interest posting on a public website, regarding general legal concepts. This posting is not, and should not be interpreted to be legal advice to anyone, or to create an attorney client relationship between the poster and anyone.

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